Absent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officer
Specifically, the Hearing Officer "determin[ed] that [McKay's] workplace injury on April 8, 2008 [was] the cause of his permanent inability to work." The Mayor, however, rejected the Hearing Officer's awarding McKay GML §207-a(2) benefits, finding that substantial evidence supported the Village's May 2012 determination denying McKay with such benefits.
The Appellate Division said that core issue was whether the Hearing Officer's February 2014 decision was a final and binding determination, noting that "it has long been recognized that . . . General Municipal Law §207-a . . . [was] enacted for the benefit of firefighters . . . who sustain disabling injuries in the line of duty, [and] the statutory provisions are to be liberally construed."
The court then observed that “[i]f dissatisfied with the Hearing Officer's determination, the Village's remedy was to challenge that determination in a CPLR Article 78 proceeding.
The decision is posted on the Internet at: