ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

October 01, 2013

Termination of General Municipal Law §207-a benefits


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
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com