Claim of Verrilli v. Town of Harrison

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board awarding the claimant benefits for a temporary partial disability under the provisions of the Volunteer Firemen’s Benefit Law. Since the claimant’s actual earnings after the accident clearly exceeded those prior to the accident, claimant would not be entitled to benefits under the Workmen’s 'Compensation Law (Workmen’s Compensation Law, § 15, subd. 5-a; Matter of Savino v. Pollack, 33 A D 2d 605). However, under the Volunteer Firemen’s Benefit Law, neither the degree of disability nor the amount…