An administrative decision denying an application for accidental disability retirement vacated because of a lack of evidence in the record supporting the determination
Baranowski v Kelly, 2012 NY Slip Op 04208, Appellate Division, First Department
A New York City police officer filed an Article 78 petition seeking to vacate the denial of his application for accidental disability retirement based on a work-related incident involving his carrying an individual from a burning building.
The Medical Board had found that the officer suffered from a disabling congenital condition that prevented him from performing his duties as a police officer and recommended he be awarded ordinary disability retirement benefits rather than an accidental disability retirement allowance.
The officer, on the other hand, had contended that he was entitled an accidental disability retirement allowance because his congenital condition became permanently aggravated as a result of his rescuing the individual. The Appellate Division noted that it had remanded the matter to the Medical Board on earlier two occasions, asking the Board for evidence supporting its conclusion that officer's disability was not service-related.
However, said the Appellate Division, “the Medical Board's finding that [police officer’s] congenital condition was only temporarily exacerbated by the incident was based solely on conjecture” as the Board failed to cite anything in the record indicating that the condition improved before becoming permanently disabling.
Accordingly, it sustained Supreme Court’s ruling vacating the denial of the police officer’s application for accidental disability retirement benefits.
The decision is posted on the Internet at:
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