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

March 10, 2021

Applicant denied accidental disability retirement benefits after failing to show that his disability was causally related to his accident

The Appellate Division introduced its consideration of this appeal by observing that the decision being appealed "was not made pursuant to an administrative hearing, and therefore the proceeding was improperly transferred to this Court" by the Supreme Court. The Appellate Division then decided to address the merits of the appeal "in the interest of judicial economy", citing Matter of DeMonico v Kelly, 49 AD3d 265.

An application for accidental disability retirement [ADR] benefits filed by a New York City firefighter [Applicant] was denied by the Board of Trustees of the New York City Fire Pension Fund [Trustees]. Applicant filed a CPLR Article 78 petition seeking court order vacating the Trustees' decision. The matter was, as noted earlier" improperly transferred to the Appellate Division. After considering the merits of Applicant's appeal the court opined that the Trustees' decision was supported by credible evidence, and was not arbitrary and capricious, citing Meyer v Board of Trustees of N.Y. City Fire Dept., Art.1-B Pension Fund, 90 NY2d 139.

The court said that the finding that Applicant's "disabling hip condition is causally related to a preexisting degenerative condition, rather than his fall while in the performance of his duties, is based upon credible medical evidence ... indicative of a chronic degenerative disease, not an acute injury." Thus the Appellate Division found that the Trustees "properly relied upon the [New York City Fire Pension Fund's] Medical Board's unanimous opinion as to causation, commenting that "in the event there is a conflict in the medical evidence regarding the cause of the disability [that determination] is within the sole province of the Medical Board to resolve."

In contrast, the court observed that Applicant failed to establish, as a matter of law,  that his disability was causally related to his accident, and in particular, that his asymptomatic preexisting degenerative disease was exacerbated by the accident as he claimed. Further, in the words of the Appellate Division, the Medical Board found there was no objective evidence to support that theory of causation alleged solely upon Applicant's subjective claims.

Unanimously confirming the decision of the Trustees', the Appellate Division dismissed Applicant's appeal.

Click HEREto access the full text of the Appellate Division's decision.

 

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