Claim of Burdett v. Pittsford Volunteer Fire Department

Appeal from a decision of the Workers’ Compensation Board, filed August 13, 1980. This matter was previously before this court and the pertinent facts are amply set forth in that memorandum decision (Matter of Burdett v Burdett, Wilbur & Burdett, 71 AD2d 751). On remittal, the board found that while claimant has a marked permanent disability that was attributable, at least in part, to his accident on January 11,1959, he was not entitled to an award pursuant to section 10 (subd 1, par [g], cl 4) of the Volunteer Firemen’s Benefit Law since his loss of earning capacity was less than 25%. The…