Petitioner, Rosina Bautista, was as a maintenance worker at New Rochelle High School in Westchester County. She sustained various injuries occurring between 1994 and 2001 and ceased working in May of 2001 due to these injuries. She then applied for ordinary disability retirement benefits and was denied on the grounds that she was not permanently disabled from performing her job duties. Petitioner then brought about this Article 78 proceeding to review the determination denying her ordinary disability retirement benefits.

The Court disagreed with petitioner’s argument that the Hearing Officer’s decision adopted by respondent lacked factual basis for denying her application. The decision was based on the expert medical examinations of three physicians who examined petitioner. All three doctors found petitioner not permanently disabled and while her personal physician reached a different conclusion, the respondent has the authority to resolve conflicts in medical evidence and to choose the opinion of one expert over that of another. The Retirement System’s experts’ opinions were rational and based on facts and therefore the Court declined to disturb it.

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

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