Legal Opinion

Claim of Giudi v. New Paltz Fire Department

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2012Published

1Opinion of the CourtRose, J.

Substantial evidence supports the Board’s finding that claimant remains unable “to continue performing either the employment duties usually and ordinarily performed at the time of injury or those required by a reasonable substitute,” and we accordingly affirm (Matter of Doesburg v Village of Stillwater, 11 AD3d 762, 763 [2004]; accord Matter of Weinstein v Somers Fire Dist., 37 AD3d 917, 918 [2007]). Claimant testified that his work as a chef required substantial amounts of education and training, and he has been forced to perform less *1348mentally demanding work since his injury. Indeed, a…

2Cases cited5 opinions

  1. Claim of Doesburg v. Village of StillwaterAppellate Division of the Supreme Court of the State of New York · 2004
  2. Dentico v. Village of WalworthAppellate Division of the Supreme Court of the State of New York · 1998
  3. Claim of Halbin v. Lindenhurst Fire Department of the Inc. Village of LindenhurstAppellate Division of the Supreme Court of the State of New York · 1972
  4. In re the Claim of Allen v. Brentwood Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2003
  5. Weinstein v. Somers Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2007

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