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Discontinuing Section 207-c benefits

By Harvey Randall, Esq.

Discontinuing Section 207-c benefits
J. Patrick Burns v Town of Clarkstown, App. Div. 679 N.Y.S.2d 585;
[Two actions decided at the same time]

Michael F. Burns, a police officer for the Town of Clarkstown, was injured in the line of duty and was awarded benefits under Section 207-c of the General Municipal Law. He was absent beginning on October 7, 1994.

Two and a half years later, on May 1, 1997, the Clarkstown Police Commissioner determined that Burns? Section 207-c benefits should have been terminated effective March 29, 1996. He retroactively terminated Burn?s Section 207-c benefits. Burns returned to duty following the Commissioner?s determination but filed a legal challenge to the Commissioner?s decision. Before the courts settled the issue, Burns died. His estate then attempted to have the commissioner?s determination reviewed, seeking ?to reinstate certain benefits pursuant to Section 207-c.?

The question was whether the heirs of a diseased police officer have standing to claim Section 207 benefits for the deceased. The Appellate Division determined in Burn?s case that such claims did not survive the police officer?s death. The court dismissed the suit brought by Burns? estate.

Even if the estate was allowed to sue, there was also an issue regarding what the estate could possible have recovered. The court noted that although the determination held that Burns? Section 207-c benefits should have ended March 29, 1996, Burns was actually paid his full salary and all related medical expenses throughout his absence from work. This, said the court, indicated that ?even if the Police Commissioner?s determination of May 1, 1997 was flawed, [Burns] lost no salary, wages, or other benefits, and the estate is owned nothing.?

Full post as published by New York Public Personnel Law on February 01, 2008 (boomark / email).