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Denial of Benefits Affirmed In Spite of Conflicting Medical Evidence

In affirming the denial of (World Trade Center) accidental disability retirement benefits to a police officer, the Third Department explained how to deal with conflicting medical opinion.  Here the officer presented evidence he suffered from post traumatic stress disorder stemming from the World Trade Center attacks, and the state presented evidence he suffered from treatable mild depression:

“In situations where, like here, there are conflicting opinions as to whether  petitioner is permanently  disabled, it is well  settled that  [the  Comptroller]  is vested with  the  authority to resolve conflicts in the medical evidence and to credit one expert’s opinion over that of another” ….   Inasmuch as the Retirement System’s expert provided a rational and fact-based opinion, founded upon an examination of petitioner and a review of his medical records, the Comptroller’s determination is supported by substantial evidence and will not be disturbed, despite evidence in the record that might support a contrary result … .  Matter of Cantelmo v NYS Comptroller, 515641, 3rd Dept, 4-25-13

 

 

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