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

January 16, 2014

Hearing officer free to credit the testimony of one medical expert over another’s when there are conflicting medical opinions in evidence


Hearing officer free to credit the testimony of one medical expert over another’s when there are conflicting medical opinions in evidence
2013 NY Slip Op 07040, Appellate Division, Second Department

An employee of the City of Mount Vernon Fire Department [Employee], alleging that the had sustained an on-the-job injury, was provided with benefits pursuant to General Municipal Law §207-a(1) based on this incident. §207-a(1) provides for the payment of salary, medical and hospital expenses of firefighters suffering injuries or illness incurred in performance of duties.

Employee subsequently applied for supplemental income benefits pursuant to General Municipal Law §207-a(2). Essentially §207-a(2) provides the payment of the difference between the amounts of his or her retirement allowance and the amount of his regular salary or wages, including negotiated salary increases, if any, until his or her mandatory service retirement age to a firefighter who is permanently disabled as a result of an injury or sickness incurred or resulting from the performance of his or her if he or she is granted an accidental disability retirement allowance or a or similar accidental disability benefit provided by the pension fund of which he is a member;

The City of Mount Vernon [Mount Vernon] denied the application. Employee appealed the denial of his application and requested a hearing.

The hearing officer credited the testimony of the City's medical expert, who opined that Employee was not fully disabled because the expert believed Employee could still perform restricted duties and The City denied Employee any benefits available pursuant to General Municipal Law §207-a(2).

The Appellate Division dismissed Employee’s challenge to Mt. Vernon’s decision, explaining that judicial review of an administrative determination made after a hearing required by law at which evidence is taken is limited to whether the determination is supported by substantial evidence. Here, said the court. the hearing officer's determination is supported by substantial evidence.

The court noted that the testimony of Mount Vernon’s medical expert was consistent and supported by the medical evidence, and that the hearing officer was free to credit the testimony and report of that expert over any conflicting doctors' opinions contained in the Employee's medical records.

The decision is posted on the Internet at:

===============================
General Municipal Law§§ 207-a and 207-c- a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder and other disability retirement issues is available from the Public Employment Law Press. Click on http://section207.blogspot.com/ for additional information about this electronic reference manual.

==============================
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case 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