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

November 13, 2020

A decision denying an employee's application for disability retirement benefits that is supported by credible medical evidence is not arbitrary and capricious

The petitioner [Plaintiff] in this CPLR Article 78 proceeding applied for disability retirement benefits pursuant to §507-c of the Retirement and Social Security Law contending that he was injured while working as a correction officer with the New York City Department of Correction.

The Board of Trustees [Trustees] of the New York City Employees' Retirement System [NYCERS] denied Plaintiff's application for disability retirement benefits in consideration of the recommendation of NYCERS' Medical Board [Board]. Plaintiff challenged the Trustees determination but Supreme Court rejected Plaintiff's Article 78 petition and dismissed the proceeding. Plaintiff appealed the Supreme Court's ruling.

The Appellate Division affirmed the Supreme Court's decision, with costs.

The Appellate Division explained that the Supreme Court denied the petition and dismissed the proceeding based on its finding that the Trustees had adopted the recommendation of the Board, which recommendation was supported by credible medical evidence and thus was not arbitrary and capricious.

Citing Matter of Drummond v New York City Employees' Retirement Sys., 98 AD3d 1116, the court noted that the Board's determination "is conclusive if it is supported by some credible evidence and is not arbitrary or capricious." Here, said the Appellate Division, "the record demonstrates that the [Board] performed physical and psychological examinations of the [Plaintiff] and considered his medical evidence."

Although the medical conclusions of some of the Plaintiff's treating physicians differed from those of the Board, "the resolution of such conflicts is the sole province of the Medical Board." As the determination of the Board was supported by credible evidence, the Appellate Division opined that the Trustees' adoption of the Board's recommendation and denying the Plaintiff's application for disability retirement benefits was not irrational, arbitrary, or capricious.

Accordingly, the Appellate Division said it agreed with the Supreme Court's decision  rejecting Plaintiff''s Article 78 petition and dismissing Plaintiff's appeal.

The decision is posted on the Internet at http://www.nycourts.gov/reporter/3dseries/2020/2020_06272.htm

 

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.
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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. 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