Labor & Employment Law

Section 207-c hearing officer?s evaluation of the evidence entitled to great weight

Section 207-c hearing officer?s evaluation of the evidence entitled to great weight
Matter of John Clouse v Allegany County, 46 A.D.3d 1381, Appellate Division, Fourth Department

John Clouse, an Allegany County correction officer, challenged the discontinuation of his General Municipal Law Section 207-c disability benefits. Clouse had been ordered to report back to work effective on April 8, 2005.

A Hearing Officer?s determined that Clouse was able to return to work as ordered by the County.

Although Clouse presented evidence establishing that he was unable to return to work as ordered, the Appellate Division conclude that the Hearing Officer?s determination to the contrary is supported by substantial evidence.

Noting that the Hearing Officer was entitled to weigh the parties? conflicting medical evidence and to assess the credibility of the witnesses, the court said ?[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,? citing CUNY-Hostos Community College v State Human Rights Appeal Board, 59 NY2d 69.

Another aspect of this appeal concerned Clouse?s claim that the Hearing Officer consideration of certain issues was improper.

Although the Appellate Division agreed that the Hearing Officer erred in considering whether Clouse?s back injuries were causally related to the work incident because he had not receive notice that causation would be at issue at the hearing, it ruled that this was ?harmless error? because the Hearing Officer?s decision was based upon a finding that Clouse was not disabled from performing his job as of April 8, 2005.

Full post as published by New York Public Personnel Law on May 28, 2008 (boomark / email).