Police detective denied performance of duty and ordinary disability retirement benefits
Matter of Timothy Kennedy v New York State and Local Police and Fire Retirement System
Petitioner Timothy Kennedy filed this Article 78 appeal to review the determination of the Comptroller denying his applications for performance of duty and ordinary disability retirement benefits. In 2000, after working as a police detective for 12 years, petitioner suffered from various heart, gastrointestinal and psychological problems causing him to stop working. Petitioner then filed applications for ordinary disability retirement benefits and performance of duty disability retirement benefits. His applications were denied and then at the hearing, the Hearing Officer concluded petitioner was not entitled to either benefits because he was not permanently incapacitated from performing his duties. Petitioner then filed this Article 78 appeal.
The Comptroller is allowed to determine which opinion to credit in the case of conflicting medical opinions by different medical experts. In this case, conflicting opinions existed regarding whether petitioner’s psychological problems and irritable bowel syndrome prevented him from performing his duties as a police detective. Since one medical expert provided evidence that petitioner did not suffer from permanent incapacitation due to his afflictions, the Comptroller has sufficient evidence to support his decision.
Accordingly, the Court confirmed the determination, without costs, and dismissed the petition.
