Workers’ Compensation Board’s finding that the injured volunteer firefighter’s condition had not changed mandates the continuation of the benefits being provided pursuant to the Volunteer Firefighters’ Benefit Law

To contact us Click HERE

Workers’ Compensation Board’s finding that the injuredvolunteer firefighter’s condition had not changed mandates the continuation ofthe benefits being provided pursuant to the Volunteer Firefighters’ Benefit Law
Giudi v New Paltz Fire Dept., 2012 NY Slip Op 08621, Appellate Division,Third Department

The genesis of this appeal was volunteer firefighter Jason Giudi's claim that he had suffered a head injury in the line of duty that adversely affected his ability to continue to work in his job in his regular capacity which resulted in a reduction in his income.
The Workers' Compensation Board ultimately found that theGiudi was permanently disabled and had been deprived of more than 75% of hisearning capacity. Accordingly, the Board awarded Guidi benefits pursuantto Volunteer Firefighters' Benefit Law §10(1).*
Several years later the case was reopened by the Workers’Compensation Board to address the New Paltz Fire Department's contention that Giudi 's condition had changed within the meaning of VolunteerFirefighters' Benefit Law §13** and thus Giudi’s entitlement to benefits should be reconsidered.
The Board sustained its earlier determination that Giudi was, and continued to be, permanently disabled.The Fire Department then challenged the Board’s decision but the AppellateDivision dismissed its appeal.
Noting that substantial evidence supports the Board'sfinding that Giudi "remains unable to continue performing either theemployment duties usually and ordinarily performed at the time of injury orthose required by a reasonable substitute,” the Appellate Division affirmed theBoard’s decision.
According to the ruling, Giudi testified that hiswork as a chef required substantial amounts of education and training and hehas been forced to perform less mentally demanding work since his injury.
Noting that a clinical neuropsychologist who examined Giudi had opined that Giudi's “cognitive impairments continued toprevent him from working as a chef or military police officer,” the court saidthat the Board was free to credit this evidence --  “which provided ample justification for its finding that [Giudi] continues to suffer from a disability that deprives him of more than75% of his earning capacity.”
* §10 of the VolunteerFirefighters Benefit Law provides for the payment of benefits in the event avolunteer firefighter suffers a permanent partial disability benefits as aresult of his or her suffering an injury in the line of duty.
** §13 of the VolunteerFirefighters Benefit Law provides for the reclassification of a disability uponproof that there has been a change in the claimant’s condition
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_08621.htm
====================================
General Municipal Law§§ 207-a and 207-c- a 1098 page e-book focusing on administering General Municipal Law Sections207-a/207-c and providing benefits thereunder and other disability retirementissues is available from the Public Employment Law Press. Click on http://section207.blogspot.com/ foradditional information about this electronic reference manual.


====================================