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Commission permitted to rely on appointing authority?s medical expert?s opinion where medical experts differ concerning applicant?s medical condition

Commission permitted to rely on appointing authority?s medical expert?s opinion where medical experts differ concerning applicant?s medical condition
Matter of Altieri v City of New York Civ. Serv. Commn., 2008 NY Slip Op 09487, decided on December 4, 2008, Appellate Division, First Department

Anthony Altieri sued the New York City Civil Service Commission after it disqualified him for appoint to the position of sanitation worker because of Altieri?s cardiac condition

The Appellate Division said that the Commission was entitled to rely on the opinion of the Department of Sanitation's medical director that Altieri's appointment as a sanitation worker would put Altieri ?at serious risk.?

The fact that Altieri?s treating physician?s opinion disagreed with the Department?s medical director?s opinion does not tend to show that the Commission "acted illegally or capriciously or adopted a professional opinion not founded on a rational basis."

Further, the Appellate Division commented that Altieri?s disqualification for medical reasons ?cannot be the predicate of a discrimination claim under Executive Law §296(1)(a).?

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09487.htm

Full post as published by New York Public Personnel Law on December 10, 2008 (boomark / email).