Termination of General Municipal Law §207-a benefits
2013 NY Slip Op 06162, Appellate Division, Fourth Department
A firefighter claimed that he suffered an injury to his neck and that as a result he was disabled from work. He was granted benefits pursuant to General Municipal Law §207-a.
The City's Fire and Police Board then appointed a hearing officer and initiated administrative proceedings to determine if the firefighter’s §207-a benefits should be terminated. Ultimately the Hearing Officer's determined that firefighter's disability “was not causally related to his job duties” and recommended that the firefighter's §207-a benefits should be discontinued.
The Board adopted the findings and recommendation of the Hearing Officer and terminated the firefighter's §207-a benefits and the firefighter initiated an Article 78 action seeking a court order vacating the Board's decision.
The Appellate Division dismissed the firefighter’s challenge to the Board’s action, holding that the hearing officer’s determination was supported by substantial evidence.
Noting that the firefighter had presented evidence to support his claim that he had suffered a injury in the course of his performing his duties during the administrative hearing, the Appellate Division explained that "[t]he Hearing Officer was entitled to weigh the parties' conflicting medical evidence and to assess the credibility of witnesses, and [courts] may not weigh the evidence or reject [the Hearing Officer's] choice where the evidence is conflicting and room for a choice exists.
The decision is posted on the Internet at:
General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering New York State's General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html.