Plaintiff, a retired firefighter, challenged his former employer's [City] determination which denied Plaintiff application for accidental disability retirement benefits pursuant to General Municipal Law §207-a (2).
At the hearing held prior to the City issuing its decision, Plaintiff presented evidence that he was involved in an on-duty motor vehicle accident while he was driving a City fire truck. and that he suffered neck and right shoulder injuries that rendered him physically unable to return to work as a firefighter.
Although City did not dispute Plaintiff claim that Plaintiff was permanently disabled, the City's examining physician testified that Plaintiff's prior medical history indicated that his injuries began before the date of motor vehicle accident Plaintiff contended was the cause of his disability.
The Hearing Officer found both Plaintiff's physician's and the City's physician's testimony to be credible. However the Hearing Officer said the opinion of the City's expert was more persuasive in light of the City's physician's review of Plaintiff's pre-accident medical history in contrast the absence of testimony by Plaintiff's physician's concerning Plaintiff's "pre-accident medical history".
The Appellate Division found "The Hearing Officer 'was entitled to weigh the parties' conflicting medical evidence and to assess the credibility of the witnesses, and [w]e may not weigh the evidence or reject [the Hearing Officer's] choice where the evidence is conflicting and room for a choice exists".
The Appellate Division unanimously confirmed the City's decision and dismissed Plaintiff's petition.
Click HERE to access the Appellate Division's decision posted on the Internet.