Retired police officer denied accidental disability retirement in this Article 78 appeal
Patricia Lewis v New York City Police Department
Petitioner, Patricia Lewis, a retired New York City police detective, commenced this Article 78 appeal to annul the denial of her application for accidental disability retirement (ADR) and to direct respondents to retire her with a line of duty ADR allowance retroactive to the date of her ordinary service retirement. Petitioner worked for the NYPD from 1984 through 2004. Over the course of her service, she sustained multiple line of duty injuries. Among these injuries were injuries sustained while assisting at the World Trade Center site on September 11, 2001. In October 2002, petitioner filed an ADR application to the Medical Board stating that she could not perform her duties due to respiratory problems caused by her work at the World Trade Center.
The Medical Board first considered petitioner’s application in June 2003 and found that the evidence did not prove petitioner was disabled from performing the full duties of a NYC police officer. The Trustees reviewed this decision and upheld the decision to deny petitioner’s ADR. In May 2004, petitioner filed another application for ADR based on her issues with shortness of breath, burning lungs, and nose bleeds. Again, the Medical Board recommended disapproval of petitioner’s applications and the Trustees agreed. In August 2006, the Medical Board reviewed petitioner’s second ADR application for a second time and came to the same conclusion. After the fifth denial, petitioner commenced this Article 78 appeal.
To challenge a disability determination in an Article 78 appeal, the findings of the Medical Board will always be upheld unless it lacks a rational basis or is arbitrary and capricious. As long as the Medical Board can provide evidence to support its decision the Court cannot weigh the medical evidence or substitute their judgment. While the petitioner clearly suffered from some sort of respiratory impairment, as evidenced in the doctors’ reports she provided, the Medical Board’s finding that the impairment was not substantial enough to the level of a disability was supported by independent credible evidence and therefore the Court must defer to the expertise of the Medical Board.
Accordingly, the Supreme Court denied petition seeking to annul respondents’ determination to deny ADR and dismissed the proceeding.
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