Matter of Stanley Jefferson v Raymond Kelly

This Article 78 proceeding was commenced to annul respondents’ decision denying petitioner’s application for accident disability retirement benefits. Petitioner became a uniformed police officer for the NYPD in 1997 and was assigned to work at the World Trade Center site for some period of time following the September 11 attacks. The petitioner began having symptoms of depression, anxiety, and agoraphobia in 2002 and was granted ordinary disability retirement (ODR) in 2004. Shortly thereafter, petitioner applied for accidental disability retirement (ADR), claiming that his psychological problems were due to the time spent at Ground Zero. The Medical Board unanimously denied petitioner’s application in 2005 which resulted in this Article 78 appeal.

Petitioner argued that the denial of his ADR was arbitrary and capricious. Respondents contend that credible evidence exists showing that petitioner’s disability was not caused by his time assigned to the World Trade Center site but due to his cardiac problems and the passing of his mother. Additionally, petitioner did not file the necessary notice of petition to qualify for the World Trade Center presumption.

In the various medical documents from petitioner’s doctors and mental health care providers there are numerous references linking his anxiety, panic, and depression to the death of his mother and his incipient cardiac disease. Neither of petitioner’s doctors causally linked his psychological ailments to his World Trade Center assignment but instead suggested his condition was caused by other “life changing circumstances”.

Accordingly, the Court denied the petition and dismissed the proceeding.