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Comptroller may select between conflicting medical opinions and his decision will be sustained if supported by substantial evidence in the record

Comptroller may select between conflicting medical opinions and his decision will be sustained if supported by substantial evidence in the record
Matter of Micalizzi v DiNapoli, 2011 NY Slip Op 00772, Appellate Division, Third Department

A police officer alleged that he harassed at work after he had publicly supported several fellow officers facing disciplinary action and further accused department officials of misconduct.

Following ?a verbal and near-physical confrontation with a coworker? the officer took a medical leave of absence from work and eventually resigned from his position. He then filed an application for performance of duty disability and accidental disability retirement benefits with the New York State Employees? Retirement System, asserting that the confrontation and related harassment had inflicted disabling psychological and related physical ailments.

His applications were disapproved and the officer requested a hearing. The Hearing Officer found that, among other things, the alleged psychological disability was not caused by the harassment and did not permanently incapacitate the individual from the performance of his law enforcement duties.

The Comptroller adopted the Hearing Officer?s findings and conclusions and denied the member?s applications and the individual appealed.

The Appellate Division said that ?In order to obtain either accidental or performance of duty disability retirement benefits, ?petitioner bore the burden of demonstrating that he was incapacitated from the performance of duty as the natural and proximate result of an accident or disability sustained in service.?"

In this instance, said the court, the individual?s treating psychologist and doctor, as well as an independent psychologist, opined that he suffered from a psychological disability that arose out of the workplace harassment and permanently disabled him from performing the duties of a police officer.

However, the psychiatrist who examined the former officer on behalf of the New York State and Local Police and Fire Retirement System, while agreeing that the individual ?suffered from a disability,? concluded that the disability would have arisen absent the alleged harassment and that factors outside of the individual?s duties as a police officer,? namely disciplinary proceedings resulting from his alleged improper recording of conversations with his coworkers, exacerbated it.

The System?s psychiatrist also indicated that the individual ?could potentially resume work as a police officer if properly medicated and that a finding of permanency was not warranted based upon the medical evidence presented.?

The Appellate Division, confirming the Comptroller?s decision, said that the Comptroller was free to credit the System?s psychiatrist?s rational and fact-based opinion over other evidence in the record and that his determination was supported by substantial evidence.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_00772.htm

Full post as published by New York Public Personnel Law on February 17, 2011 (boomark / email).