Matter of Gina M. Hammond-Timpano v New York State and Local Retirement System

In this Article 78 proceeding, Petitioner commenced an appeal to review a determination of the Comptroller denying her application for disability retirement benefits.

Petitioner was exposed to fireproofing materials twice during the summer of 1992 while working as a stenographer for the Utica City School District. She sought medical treatment for physical maladies including difficulty breathing, burning in her eyes and mouth and swelling in her hands. In 1993, after she began experiencing these symptoms every time she came into contact with other materials and office supplies, Petitioner stopped working permanently.

In 2002, Petitioner applied for disability retirement benefits and was denied. She then requested a hearing and redetermination. The Hearing Officer ruled against Petitioner, stating that she failed to establish permanent incapacitation from performing the duties of her job. The Comptroller accepted the Hearing Officer’s finding which led to the commencement of this Article 78 proceeding.

In her appeal, Petitioner presented medical records from five treating physicians. Two of these doctors opined that she was permanently disabled from her exposure to chemicals but one subsequently stated that she would be able to return to work as long as she did not come into contact with any further respiratory hazards. The other doctor admitted that there was inadequate medical research to prove causation. Respondent provided two independent medical examiners who ruled Petitioner not permanently disabled. The Court felt that since there was conflicting medical evidence, the Comptroller had the authority to weigh the evidence and decide which opinion to credit. Since the Comptroller’s decision was supported by substantial evidence, the Court refused to overturn it.

Accordingly, the Supreme Court confirmed the determination, without costs, and dismissed the petition.

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