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November 17, 2022

Retirement System Medical Board may rely on its own expertise to determine an applicant's eligiblility for benefits

The Appellate Division sustained the New York City's Retirement System's Medical Board's [Board] determination that a New York City Police Officer [Applicant] was not permanently disabled from the performance of Applicant's duties as a police officer as a result of his "obstructive sleep apnea". The court had concluding that the Board's decision was not arbitrary and capricious." 

Citing Matter of Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the court said that the Medical Board "properly based its conclusion on its examination" of the Applicant and his medical records, which provided some credible evidence to support its findings. 

Further, the court opined that the New York Police Department's Medical Division's finding that Applicant's obstructive sleep apnea adversely affected the Applicant's performance of his duties as a police officer was not binding on the Board.*

Further, noted the Appellate Division, Applicant had not undergone available treatment options to alleviate his symptoms. 

* N. B. A Social Security Administration’s disability determination is not binding on a New York State public retirement system [See https://www.nycourts.gov/reporter/3dseries/2016/2016_00782.htm].

Click HEREto access the Appellate Division's decision posted on the Internet.

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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.
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