Connection of Illness to Work at Trade Center Not Demonstrated
The Third Department upheld the denial of World Trade Center Accidental Disability benefits to a policeman who claimed a 12-hour stint looking for survivors exacerbated his pre-existing condition (ulcerative colitis). The court determined the statutory presumption had been rebutted by the respondent and the petitioner failed to present sufficient evidence linking his condition to his work at the World Trade Center. Matter of Cardino v NY State and Local Retirement System, 514782, 3rd Dept 4-11-13