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August 13, 2018

An individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidence

An individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidence
Matter of Cordway v Cayuga County, 2018 NY Slip Op 04873, Appellate Division, Fourth Department

Petitioner, a deputy sheriff, commenced a CPLR article 78 proceeding challenging the determination that terminated the disability benefits the deputy sheriff had been receiving pursuant to General Municipal Law §207-c. The Hearing Officer issued a report recommending that Petitioner's continued receipt of benefits be terminated. Contrary to Petitioner's contention, the Appellate Division found "no basis to disturb the Hearing Officer's determination terminating the benefits."

Although Petitioner presented evidence supporting his contention that his injuries and ailments were causally related to the work-related, the Hearing Officer was entitled to weigh the parties' conflicting medical evidence and to assess the credibility of the witnesses. Where the evidence is conflicting and there is room for a choice, a court may not weigh the evidence or reject the Hearing Officer's decision where his or her determination is supported by substantial evidence

Citing Matter of Park v Kapica, 8 NY3d 302, the court opined that an employer's "initial award of Section 207-c benefits does not require the continuation of such benefits inasmuch as "[t]he continued receipt of Section 207-c disability payments is not absolute."

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_04873.htm

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