Meyer v. Board of Trustees

681 N.E.2d 382, 90 N.Y.2d 139
CourtNew York Court of Appeals
DecidedMay 8, 1997
StatusPublished
Cited by180 cases

This text of 681 N.E.2d 382 (Meyer v. Board of Trustees) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. Board of Trustees, 681 N.E.2d 382, 90 N.Y.2d 139 (N.Y. 1997).

Opinion

OPINION OF THE COURT

Levine, J.

These appeals involve a recurring question concerning the standard of judicial review when the Board of Trustees of the New York City Fire Department Pension Fund denies, by tie vote, a firefighter’s application for service-related accidental disability retirement and grants only the lesser ordinary disability retirement benefits. In each case, the pension fund Medical Board found the firefighter incapacitated for the performance of duty (Administrative Code of City of NY § 13-352), but further concluded that the service-related injuries had not caused each firefighter’s disabling condition, either directly or by precipitating a latent condition or by aggravating a preexisting condition (see, Matter of Tobin v Steisel, 64 NY2d 254). Thus, in each case, the Medical Board recommended to the Board of Trustees that the firefighter be retired for ordinary rather than accidental disability (Administrative Code § 13-353). This recommendation was upheld by tie vote when the Board of Trustees could not agree on the issue of causation (see, Matter of Canfora v Board of Trustees, 60 NY2d 347, 351-352 [citing Matter of City of New York v Schoeck, 294 NY 559]).

On the firefighters’ CPLR article 78 petitions for review, the Appellate Division concluded in each case that a causal relationship between the service-related injuries and the disabling condition had been established as a matter of law, and ordered that the Board of Trustees’ award of ordinary disability retirement be annulled and the application for accidental disability retirement be granted (231 AD2d 522; 228 AD2d 598; 228 AD2d 509; 227 AD2d 627). By relying exclusively on the reports of examining physicians who were of the opinion that a causal connection existed between the service injuries and the disabling condition, and on evidence that the firefighter had not returned to full duty following his final service accident, the Appellate Division implicitly held that the opinion of a nonexamining medical expert of no causation (such as that rendered [144]*144by the Medical Board) does not constitute credible evidence under these circumstances. We granted leave to clarify the credible evidence requirement needed to sustain a denial of service-related disability retirement in such circumstances and now reverse in each case.

The New York City Fire Department Pension Fund is administered by the Board of Trustees pursuant to title 13 of the Administrative Code of the City of New York. A firefighter is entitled to accidental disability retirement when a medical examination and investigation shows that he or she is "physically or mentally incapacitated for the performance of city-service as a natural and proximate result of an accidental injury received in such city-service” (Administrative Code § 13-353). Like other City pension funds and retirement systems, application for accidental disability retirement involves a two-tier administrative process (see generally, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756). Following a medical examination (which in each of these cases was conducted by the Fire Department medical committee), the three-physician member pension fund Medical Board, charged with passing upon all such required medical examinations and investigating all essential information in connection with a disability retirement application (see, Administrative Code § 13-323), determines whether the member is disabled for performance of duty and ought to be retired (Administrative Code § 13-352).

If the Medical Board concludes that the member is disabled, it must further determine whether the disability is "a natural and proximate result of an accidental injury received in such city-service” and certify its recommendation on this issue to the Board of Trustees, the body ultimately responsible for retiring the pension fund member and determining the issue of service-related causation (Administrative Code §§ 13-353, 13-323 [b]; Matter of Russo v Board of Trustees, 143 AD2d 674, 676; see, Matter of Canfora v Board of Trustees, supra, 60 NY2d, at 351 [construing comparable provisions governing New York City Police Pension Fund] [citing Matter of City of New York v Schoeck, supra; Matter of Bennett v Board of Trustees, 20 AD2d 522, affd 16 NY2d 562]).

Where, as here, the Medical Board finds the firefighter disabled for performance of duty and the Board of Trustees becomes deadlocked on the issue of whether the disabling condition is causally related to the service-related injuries, and [145]*145is thus unable to pass by majority vote a resolution retiring the firefighter for ordinary or accidental disability, by a time-honored procedural practice the application for accidental disability retirement is denied and the lesser ordinary disability benefits are awarded (see, Matter of Canfora v Board of Trustees, 60 NY2d, at 352, supra; Matter of Pilkington v Cavanagh, 12 NY2d 888). On subsequent review in an article 78 proceeding, the reviewing court may not set aside the Board of Trustees’ denial of accidental disability retirement resulting from such a tie vote unless "it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service-related accident” (Matter of Canfora v Board of Trustees, 60 NY2d, at 352, supra; Matter of McCambridge v McGuire, 62 NY2d 563, 568). Since, under these circumstances, the reviewing court may only disturb the final award by finding causation established as a matter of law, as long as there was any credible evidence of lack of causation before the Board of Trustees, its determination must stand (see, Matter of Canfora v Board of Trustees, supra, at 351).

In the cases before us, respondent Board of Trustees points to evidence in the record of each case that it maintains meets the credible evidence standard, namely, an articulated medical opinion, grounded in the firefighter’s medical records, that there was no causal relationship between the disabling condition and the service-related injuries. The Board of Trustees further contends that the Appellate Division improperly discounted this evidence for the sole reason that these medical opinions were not based on the experts’ own physical examination of the firefighters. Thus, the Board argues that the Appellate Division erred (1) in annulling its determinations in each of these cases and (2) in apparently fashioning a rule that causation is established as a matter of law whenever the examining physicians who express an opinion on the issue of causation find that such a relationship exists, and this opinion is buttressed by the fact that the firefighter did not return to full duty following the final service accident. For the reasons that follow, we agree with the Board of Trustees as to both contentions.

First, we reject the Appellate Division’s analysis to the extent it is based on the premise that the Board of Trustees must, as a matter of law, credit the opinion of examining physicians on the issue of causation over the rationally based opinion of a nonexamining physician who, nevertheless, has had the opportunity to make a professional medical judgment [146]*146based on other medical data concerning the applicant for retirement benefits. This Court has never articulated such a rule and we discern no logical basis for adopting one.

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Cite This Page — Counsel Stack

Bluebook (online)
681 N.E.2d 382, 90 N.Y.2d 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-board-of-trustees-ny-1997.