MDASR, LLP wins another important ¾’s Article 78 case!
An FDNY EMT suffered severe illnesses and injuries related to her heroic actions during the 9/11 clean-up operations. After being initially denied ¾’s Disability Retirement benefits from the New York City Employees Retirement System (“NYCERS”), a Supreme Court judge found that the NYCERS Medical Board acted “arbitrarily and capriciously” in finding her not disabled. This represents a legal finding that NYCERS acted without “any credible evidence” to support its decision. The judge went on to note that the NYCERS Medical Board did not counter the EMT’s own treating physicians, nor those of the FDNY’s own physicians who had all found her incapable of performing the full duties required of an EMT. More importantly, the judge also found that the NYCERS Medical Board had failed to discuss the specific job duties and responsibilities required of an EMT, nor how our client could do the job despite her well documented physical limitations.
MDASR continues to help level the playing field for injured workers seeking disability benefits. If you were injured as a result of your job, call us today at (631) 665-0609.
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