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MATTER OF HUMPHREY v. NIMMONSBURG FIRE CO
Appellate Division of the Supreme Court of New York, Third Department.
Mar 24, 1994
Substantial evidence in the record supports the Board's determination that claimant has a 75% loss of earning capacity as defined in the Volunteer Firefighters Benefits Law caused by an injury suffered in the line of duty as a volunteer firefighter. While the employer asserts that claimant's earning capacity has increased since the date of the injury, it failed to present sufficient evidence to support its claim. We have considered the employer's other contentions and find them to be without merit.
Cardona, P.J., Mikoll, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.
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