From Casetext: Smarter Legal Research

Schmidt v. Putnam

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 761 (N.Y. App. Div. 2008)

Opinion

No. 2007-01219.

March 18, 2008.

In a proceeding pursuant to CPLR article 78 to review a determination of the Putnam County Sheriff dated March 24, 2006, which denied the petitioner disability benefits pursuant to General Municipal Law § 207-c, the appeal is from a judgment of the Supreme Court, Putnam County (O'Rourke, J.), dated November 21, 2006, which granted the petition and awarded the petitioner disability benefits.

Roemer Wallens Mineaux, LLP, Albany, N.Y. (Dionne A. Wheatley of counsel), for appellants.

Shayne R. Gallo, Kingston, N.Y., for respondent.

Before: Rivera, J.P., Skelos, Santucci and Leventhal, JJ.


Ordered that the judgment is affirmed, with costs.

In order to be eligible for disability benefits pursuant to General Municipal Law § 207-c, a covered municipal employee need only prove a direct causal relationship between job duties and the resulting illness or injury ( see Matter of White v County of Cortland, 97 NY2d 336, 340). The word "duties" in General Municipal Law § 207-c encompasses the full range of a covered employee's job duties ( see Matter of Theroux v Reilly, 1 NY3d 232, 244). Preexisting nonwork-related conditions do not bar recovery under General Municipal Law § 207-c when the petitioner demonstrates that the job duties were a direct cause of the disability ( see Matter of White v County of Cortland, 97 NY2d 336, 340).

Here, there is no dispute that the petitioner was capable of performing all of his job duties prior to his fall, which occurred in the performance of his duties on January 31, 2003. Although the petitioner's medical records refer to preexisting injuries to the petitioner's knees, the records unequivocally established that the petitioner sustained acute bilateral medial meniscal tears with subsequent surgical repair and disability as a result of his on-the-job fall on January 31, 2003. The records also demonstrated that the petitioner's line-of-duty injuries were a direct cause of his disability.

Accordingly, the Putnam County Sheriff's denial was not rationally based upon the evidence presented and thus, the Supreme Court properly found the denial to be arbitrary and capricious ( see CPLR 7803; Matter of White v County of Cortland, 97 NY2d 336).

The appellants' remaining contentions are without merit.


Summaries of

Schmidt v. Putnam

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 761 (N.Y. App. Div. 2008)
Case details for

Schmidt v. Putnam

Case Details

Full title:In the Matter of JEFFREY SCHMIDT, Respondent, v. PUTNAM COUNTY OFFICE OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 2008

Citations

49 A.D.3d 761 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2602
854 N.Y.S.2d 178

Citing Cases

Ridge Rd. Fire Dist. v. Schiano

In order to receive General Municipal Law § 207-a disability benefits, Nowack had to demonstrate a causal…

Matter of Patalano v. Nassau County

"These payments continue until the disability has ceased or the disabled employee is granted a disability…