An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident

The New York City Employees' Retirement System [CERS] appealed a Supreme Court's ruling annulling CRER's decision to deny Plaintiff's application for duty disability retirement benefits and directed CERS to provide such benefits retroactive to February 24, 2015.

The Petitioner, a former correction officer with the New York City Department of Correction, had alleged that he sustained disabling injuries to his neck and back on December 29, 2013, during an altercation with an inmate. CERS denied Plaintiff's application after adopting the recommendation of the Medical Board of the New York City Employees' Retirement System [Medical Board] The Medical Board had determined that the Petitioner's disabling condition was not causally related to the December 29, 2013 incident.

The Appellate Division reversed the Supreme Court's ruling, on the law, with costs, denied Plaintiff's petition and dismissed the proceeding.

The Appellate Division, Judge Dowling dissenting in part, explained that an applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident, citing see Matter of Giuliano v New York Fire Dept. Pension Fund, 185 AD3d 812, and as a general rule, the decision by CERS will not be disturbed unless its factual findings are not supported by substantial evidence* or its final determination and ruling is arbitrary and capricious".

The court opined that the conclusions of the Board, adopted by CERS were supported by "... credible evidence consisting of the Medical Board's independent interviews and examinations of the Petitioner, its review of the medical records and reports of the Petitioner's treating physicians, and the report of a radiologist consulted by the Medical Board, interpreting MRI studies of the cervical region of the Petitioner's spine." Further, said the Appellate Division, the resolution of conflicting medical evidence was within the province of the Medical Board.

Finding that there is no evidence supporting Petitioner's contention that the December 29, 2013 incident precipitated the development of a latent condition or aggravated a preexisting condition, the Appellate Division concluded that "Supreme Court should have denied the petition and dismissed the proceeding."

* Substantial evidence has been construed in disability cases, as requiring some credible evidence. Credible evidence has been described as evidence that proceeds from a credible source, which reasonably tends to support the proposition for which it is offered.

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

See, also, Matter of Young v DiNapoli, posted on the Internet HERE, addressing similar issues.

Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE. Click to Read a FREE excerpt(requires Adobe Reader).

 

 

New York City public-sector union alleged to have suffered extensive financial mismanagement

Empire Center's Ken Girardin reports that "One of New York City’s largest public-sector unions has been effectively taken over by its national parent after an audit revealed extensive financial mismanagement."

Click HEREto access Mr. Girardin's report posted on the Internet.

Civics and Science: Contemporary Issues for Civil Democracy

Dr. Robert A. Michaels, NYPPL's Science Consultant, has published a new book focusing on contemporary issues of critical importance to American democracy. 

The book explores, in a strictly non-partisan manner, the nexus between civics and science, identifying contemporary issues of critical importance for American democracy.  It promotes objective, clear thinking toward evidence-based decision making in a range of important issue areas.  Dr. Michaels is a politically unaffiliated observer of politics.  His analysis is rigorous, and his writing engaging and personal.

Available in a Kindle Edition [$4.99] and in a paperback hard copy format [$19.99], for additional information about this work and to order your copy from Amazon, click HERE.

 

Government Technology lists webinars now available to watch at your own pace

Managing Cyber Risks: Understanding New Risks and How to Prepare

The cyber risks that threaten America’s state and local governments are changing. Hackers are getting smarter and better organized. Ransomware and malware phishing attempts are growing ever-more sophisticated. Attacks on dams, pipelines and other pieces of critical infrastructure are on the rise. Meanwhile, the changing government environment itself makes it even harder to guard against cyber threats. Telework, remote collaboration, digital service delivery, smart city tech, connected Internet of Things devices - all make cybersecurity exponentially more difficult. In this webinar you'll hear from key government cybersecurity leaders discuss the new cyber risks for state and local agencies – and what you can do to prepare for them.

Click here to Watch now 

 

Bringing Digital Experience into the Network Operations Center

Increasing digital initiatives and cloud adoption fundamentally alter the job of network operations. NetOps teams must now support applications that are operated by third parties and require a different set of skills. Understanding user experience can be a moving target in such a highly decentralized and hybrid enterprise world. In this one-hour webinar you will discover how forward-thinking organizations are re-envisioning their monitoring strategies by evolving traditional NetOps into Experience-Driven NetOps, an innovative approach that routes digital experience metrics through standardized operational workflows to triage and resolve issues faster.

Click here to Watch now  

 

Creating Frictionless Government and Education Experiences Through Innovation

Government and education services should be easily accessible and simple to use for a wide variety of constituents. As the COVID-19 pandemic demonstrated, constituents can get frustrated and feel left behind when organizations have complex processes and tools, and not all users will be on the same level of the digital playing field. Thankfully, government and educational agencies have shown a willingness to transform their approaches to meet individuals where they are. Listen in to this discussion to hear how your organization can create frictionless and inclusive services through innovation.

Click here to Watch now

 

Enhancing Voice and Digital Engagement with Communications Platform as a Service Solutions

Public sector and education communities are expected to provide constituents and students the information and resources they need quickly. By leveraging artificial intelligence (AI) tools, organizations can enhance digital and voice communications through intelligence-enabled insights. In this 30-minute webinar you will learn how organizations can use AI-based solutions to deliver the right knowledge at the right time for optimal outcomes. 

Click here to Watch now 

 

To view upcoming and on-demand webinars, visit webinars.govtech.com.

For assistance with registration, contact Jeremy Smith, jsmith@erepublic.com (916) 932-1402 direct

National search for candidates for Deputy Commissioner, New York State Department of Environmental Conservation

The New York State Department of Environmental Conservation (DEC) has initiated a national search seeking candidates to replace Deputy Commissioner Jared Snyder. Deputy Commissioner Snyder is retiring in December 2022 after 15 years of service with the Department. 

The Deputy Commissioner is responsible for overseeing the development and execution of the State's programs to monitor, protect, and improve air quality through DEC's Division of Air Resources and the implementation of New York's efforts to reduce climate-altering emissions, ramp up renewable energy sources, and help communities adapt to climate change to achieve the goals of the State's ambitious Climate Leadership and Community Protection Act (CLCPA). 

The CLCPA commits New York State to 100% zero-emission electricity by 2040, and a reduction of at least 85% below 1990-level GHG emissions by 2050. 

Minimum qualifications include a Bachelor's degree and nine years of experience in a field related to environmental conservation, protection, or natural resources. At least four years of managerial experience, including responsibility for implementation of program goals and objectives within established budgets, and supervision or coordination of staff to achieve specific objectives. A Master's degree may be substituted for one year of non-managerial experience and a Ph.D. may be substituted for two years of non-managerial experience.

Click HERE for additional information concerning this opportunity.