In a proceeding pursuant to CPLR Article 78 to review a determination of the Board of Trustees of the New York City Employees' Retirement System [Board] which denied the Petitioner's application for disability retirement benefits and the Medical Board of the New York City Employees' Retirement System appeal a judgment of the Supreme Court, which granted the Petitioner's amended petition and annulled the Board's determination, the Appellate Division reversed the Supreme Court's ruling "on the law, with costs," denied Petitioner's amended petition and dismissed the proceeding "on the merits".
Petitioner had applied for disability retirement benefits as a result of two work-related incidents claiming that as a result of the injuries he sustained in those incidents, he could no longer work.* In a proceeding pursuant to CPLR Article 78 to review a determination of the Board of Trustees of the New York City Employees' Retirement System [Board] which denied the Petitioner's application for disability retirement benefits and the Medical Board of the New York City Employees' Retirement System appealed a judgment of the Supreme Court, which granted the Petitioner's amended petition and annulled the Board's determination.
The Medical Board had reviewed Petitioner's applications and medical documentation a number of times and ultimately issued its fourth report, which was substantively similar to the first three reports but more detailed, finding the Petitioner was not disabled. Petitioner then commenced the instant proceeding pursuant to CPLR Article 78 to review determination of the Board of Trustees.
In the words of the Appellate Division, "An applicant seeking disability retirement benefits bears the burden of demonstrating that she [or he] is permanently incapacitated from performing her [or his] job duties", citing Matter of Hannon v New York State Dept. of Human Rights, 170 AD3d 1175 and other decisions. The Court also noted that "The Medical Board determines whether a member applying for disability retirement benefits is disabled, and the Board of Trustees is bound by the Medical Board's finding that an applicant is, or is not, disabled for duty" (See Matter of Russell v New York City Employees' Retirement Sys., 155 AD3d 1046).
The Appellate Division held that "a Medical Board's disability determination will not be disturbed if the determination is based on substantial evidence", citing Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, noting that "Substantial evidence in this context means some credible evidence", citing Matter of Maxwell v New York City Employees' Retirement Sys., 210 AD3d 1095,
The Appellate Division's decision also noted that "the Medical Board's determination that the Petitioner did not establish a disability as a result of the two work-related incidents was supported by credible evidence and the record indicates that "the Medical Board considered all of the medical evidence submitted by the [Petitioner] and interviewed and physically examined the[Petitioner] three times". In addition the Court's decision states that:
1. "The record further demonstrates that the [Petitioner's] right hip injury was the result of a preexisting condition and was not caused by the two work-related incidents"; and
2. Petitioner's carpal tunnel syndrome was not considered a disability as the Petitioner chose to forego surgery.
Accordingly, the Appellate Division found that the Board of Trustees' determination adopting the recommendation of the Medical Board was not irrational or arbitrary and capricious and the Supreme Court should have denied the amended petition and dismissed the proceeding on the merits.
* The Petitioner did not have 10 years of service credit at the time of his application for disability retirement benefits and, therefore, was required to demonstrate that he was "physically . . . incapacitated for performance of gainful employment as the natural and proximate result of an accident not caused by his own willful negligence sustained in the performance of his duties" (See Retirement and Social Security Law §605[b][3]).