Resolving conflicting medical evidence in evaluating an application for accidental disability retirement
Supreme Court rejected Petitioner's challenge to the denial of his application for accidental disability retirement benefits by the New York City Employees' Retirement System's [NYCERS] Medical Board and dismissed the proceeding brought pursuant to CPLR Article 78. The Appellate Division unanimously affirmed the Supreme Court's decision.
The Appellate Division explained that the finding of NYCERS' Medical Board that Petitioner was not disabled was supported by its physical examination and interview of Petitioner. Although Petitioner argued that the Medical Board ignored his medical history, the court said that the any conflicting medical evidence was for the Medical Board to resolve.
The Appellate Division further opined that the disability finding of the Social Security Administration was not dispositive of the Medical Board's disability determination, citing Matter of Barden v New York City Employees' Retirement Sys., 291 AD2d 215.
Additionally, noted the court, the finding of the medical arbitrator, who examined Petitioner after the Medical Board made its determination, did not warrant Article 78 relief.
The decision is posted on the Internet at:
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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.
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