Evaluating conflicting medical evidence and the credibility of witnesses in determining the eligibility of an applicant for General Municipal Law §207-a (2) disability retirement

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.

New York State's medical fee schedules revised proposal update

In keeping with the goals of the New York State Workers’ Compensation Board (Board) to provide quality and efficient care to injured workers, and in response to comments received during the public comment period, the Board plans to file a revised proposal for the updates to the Official New York Workers’ Compensation Medical Fee Schedules.  

This revised proposal will be published soon in the State Register and on the Board’s website. A Subject Number will be issued when it is published. 

Questions? 

Email Regulations@wcb.ny.gov with questions. 

New York State Comptroller Thomas P. DiNapoli posts local government and school audits on the Internet

On August 24, 2026, New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were posted on the Internet.

Click on the text highlighted in COLOR to access the audit.

Brentwood Union Free School District – Building Access (Suffolk County)  District officials could improve how they manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system. As a result, there was a potential risk for unauthorized access to district school buildings, compromising building security and safety.

Broadalbin-Perth Central School District – Building Access (Fulton County, Montgomery County and Saratoga County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

East Rochester Union Free School District – Building Access (Monroe County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Fort Johnson Volunteer Fire Company, Inc. – Board Oversight (Montgomery County) The board did not provide adequate oversight of financial operations. It did not adopt comprehensive bylaws and written financial policies and procedures to help ensure financial transactions were properly authorized, recorded and reported. The board also did not review and approve disbursements before payment, implement an effective claims auditing process, regularly review financial reports or provide guidance to the treasurer on maintaining accounting records. The board did not maintain meeting minutes, file required foreign fire insurance tax proceeds reports with DiNapoli’s office or monitor the company’s loan program.

Green Island Union Free School District – Building Access (Albany County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Hopkinton Fire District – Claims Auditing (St. Lawrence County) Auditors reviewed 47 claims totaling $145,549. Except for minor discrepancies, which auditors discussed with district officials, the claims were adequately supported, for proper district purposes and authorized before payment. There were no recommendations as a result of this audit.

Ischua Fire District – Claims Auditing and Annual Financial Reports (Cattaraugus County) The board did not properly audit claims prior to payment and the district’s annual financial reports have not been filed with the State Comptroller’s office for more than 15 years. Without a thorough and documented audit of claims, the district had an increased risk for improper or unauthorized expenditures to be paid and that errors, irregularities, or misuse of funds could go undetected and uncorrected.

Moravia Volunteer Fire Company, Inc. – Treasurer’s Duties (Cayuga County) The treasurers did not properly account for all receipts and disbursements. As a result, the board of directors lacked reliable information that was needed to manage the company’s financial activities, and assurance that receipts were properly collected, recorded, safeguarded and deposited and disbursements were adequately supported, properly approved, accurately recorded and made for appropriate company purposes.

Niskayuna Central School District – Building Access (Albany County, Saratoga County and Schenectady County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Onondaga Cortland Madison (OCM) Board of Cooperative Educational Services (BOCES) – Building Access (Onondaga County, Cortland County and Madison County) OCM BOCES officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, OCM BOCES had active, but unneeded, accounts with assigned badges in the system.

Union-Endicott Central School District – Building Access (Broome County and Tioga County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Town of Wilton – Cybersecurity (Saratoga County)  Town officials did not adequately safeguard network and cloud-based user account access from cybersecurity threats. As a result, town officials cannot be assured that information technology (IT) systems are secured and protected against unauthorized use, access, manipulation and loss.

Village of Cassadaga – Cybersecurity (Chautauqua County) The board and village officials did not provide adequate governance to safeguard IT assets from cybersecurity threats. Because the board and officials did not establish and maintain a comprehensive IT asset inventory, they could not effectively track these assets through their lifecycle. Additionally, policy, oversight and other internal control weaknesses increased the risk that IT assets and the data contained in IT systems could be lost, damaged or compromised.

Village of Lacona – Cybersecurity (Oswego County) The board and officials did not provide adequate governance to safeguard IT systems from cybersecurity threats. The board and officials did not develop or adopt written IT policies, provide employees with cybersecurity awareness training or develop an IT contingency plan to help minimize the risk of data loss or suffering a serious operational interruption.

Village of Medina – Water and Sewer Billing and Collections (Orleans County) Although auditors determined $296,867 of water and sewer collections were deposited timely and intact, the clerk-treasurer did not ensure water and sewer user charges were billed accurately or that delinquent accounts were managed in accordance with village code and board-adopted policies. The clerk-treasurer also did not establish clear written procedures for collecting and depositing user charges, properly segregating duties or providing adequate oversight of billing and collection activities.

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