| Matter of O'Connor v DiNapoli |
| 2011 NY Slip Op 08544 [89 AD3d 1367] |
| November 23, 2011 |
| Appellate Division, Third Department |
| In the Matter of Thomas R. O'Connor, Petitioner, v Thomas P.DiNapoli, as State Comptroller, Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), forrespondent.
Stein, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of theSupreme Court, entered in Albany County) to review a determination of respondent which deniedpetitioner's application for accidental disability retirement benefits.
Petitioner filed an application for accidental disability retirement benefits claiming that he waspermanently incapacitated from the performance of his duties as a police officer as a result of injuriessustained in a workplace accident on August 23, 2004. Petitioner's application was initially denied andhe sought a hearing and redetermination. The Hearing Officer found that petitioner is permanentlyincapacitated from his employment for psychiatric reasons, but that petitioner's psychiatric condition isnot causally related to the workplace accident of August 23, 2004. The Hearing Officer further foundthat, although petitioner's back injury is causally related to the subject accident, that injury does notrender him permanently incapacitated from the performance of his job duties. Accordingly, the HearingOfficer denied petitioner's application for accidental disability retirement benefits. Upon review,respondent upheld the Hearing Officer's determination, prompting petitioner to commence thisproceeding.[*2]
As an applicant for disability retirement benefits, petitionerbore the burden of establishing that he is permanently incapacitated from performing his job duties asthe natural and proximate result of the identified accident (see Retirement and Social SecurityLaw § 363; Matter of Caruana vDiNapoli, 78 AD3d 1302, 1303 [2010], lv denied 16 NY3d 705 [2011]). Therecord here contains conflicting reports from several experts as to whether petitioner's psychiatricdisability is causally related to the accident of August 23, 2004. In addition, the record containsconflicting proof concerning whether petitioner is permanently incapacitated from performing his jobduties as a result of his low back injury. Respondent has the authority to resolve such conflictingevidence and to credit the opinion of one medical expert over that of another (see Matter ofCaruana v DiNapoli, 78 AD3d at 1303; Matter of Farrell v New York State Comptroller, 57 AD3d 1081, 1083[2008]). Inasmuch as the expert opinions—which were based upon a review of relevant medicalrecords and the physical examination of petitioner—relied upon by respondent are rational, weconclude that respondent's determination is supported by substantial evidence and we will not disturb it(see Matter of Caruana v DiNapoli, 78 AD3d at 1303; Matter of Kilkenny v McCall,285 AD2d 911, 911 [2001]), despite evidence in the record that might support a contrary result (see Matter of Brady v DiNapoli, 77 AD3d1041, 1043 [2010]).
Spain, J.P., Rose, Malone Jr. and Egan Jr., JJ., concur. Adjudged that the determination isconfirmed, without costs, and petition dismissed.