A reviewing body may not ignore evidence in the record in making its determination
The Appellate Division granted the disability retirement applicant’s petition to annul the decision denying his request to amend his application for accidental disability retirement (ADR) benefits and remanded the matter with the direction that individual be permitted to amend his application to include a heart-related disability.
The court said the Retirement Board's determination was arbitrary and capricious and an abuse of discretion as at the time it denied application for ADR benefits based on an orthopedic condition, a member of the Board was aware that the applicant had suffered a heart attack, was incapacitated, and might wish to amend his application to include a claim under the Heart Bill [see Retirement and Social Security Law §363-a.].
The Appellate Division also noted that the record showed that the applicant’s heart condition predated his retirement, but was not diagnosed until after he retired.
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_02945.htm