New York Ordinary Disability Retirement Pension Lawyer
Admin. Code § 13-251, which governs retirement for ordinary disability for members of the PPF, provides as follows:
Retirement for ordinary disability.
Medical examination of a member in city-service for ordinary disability shall be made upon the application of the commissioner, or upon the application of such member or of a person acting in his or her behalf, stating that such a member is physically or mentallyincapacitated for the performance of duty and ought to be retired. If such medical examination shows that such member is physically or mentally incapacitated for the performance of duty and ought to be retired, the medical board shall so report and the board shall retire such member for ordinary disability not less than thirty nor more than ninety days after the execution and filing of application therefor with the pension fund.
Where a police officer has applied for ADR, he must show that he is “a member in city-service” who is “physically incapacitated for the performance of city-service, as a natural and proximate result” of an accidental injury received in such city-service. N.Y.C. Admin. Code § 13-252. The applicant has the burden of proving to the Medical Board such incapacity and its causation. Therefore, in the absence of a finding of causation, a police officer certified by the Medical Board as physically or mentally incapacitated for the performance of police duties may be retired by the Board of Trustees on an ODR pension under Admin. Code § 13-251.
There are two stages in the Medical Board’s fact-finding process: (1) the “threshold matter” of determining “whether the applicant is actually ‘physically or mentally incapacitated for the performance of city-service;’” and (2) the “recommendation to the Board of Trustees as to whether the disability was ‘a natural and proximate result of an accidental injury received in such city-service.’” Furthermore, the Medical Board’s determination must be sustained as long as it is supported by “some credible evidence.” Once the Medical Board make its determination, it must then make a recommendation to the Board of Trustees which has the ultimate authority to determine causation. A reviewing court may not set aside the Board of Trustees’ denial of ADR unless “it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service related accident.” Further, “[i]t is neither arbitrary nor capricious for the Board of Trustees to rely upon the Medical Board’s conclusion that a disability is not causally connected to an individual’s line of duty injuries,” where the recommendation of the Medical Board is based on credible medical evidence.
If you feel that you are physically or mentally incapacitated for the performance of city-service, as a natural and proximate result of such city-service, and thus entitled to an accidental disability retirement pension, you can have an attorney review your documents to ensure that your rights are protected, contact the New York Ordinary Disability Retirement Pension Lawyer at The Sanders Firm, P.C., 800-371-4835, today.
