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Justice Cahn

PETITIONER, A former New York city police officer who sustained line-of-duty injuries to his back, legs and finger, underwent physical therapy following hospital treatment. An NYPD orthopedist found him fit for duty. Based on subsequent magnetic resonance images indicating spinal disc herniation, petitioner applied for accidental disability and ordinary disability retirement benefits pursuant to §§13-252 and 13-251 of the New York City Administrative Code. Based on a videotape by the NYPD absence control unit – showing petitioner exercising at a gym on four occasions – the NYPD board of trustees remanded the matter for reconsideration by the NYPD medical board, which recommended disapproval of petitioner’s applications. The court dismissed petitioner’s challenge to the denial of disability benefits. Because the medical board’s disapproval recommendation was supported by credible evidence, the trustee board’s disapproval of petitioner’s application was neither arbitrary nor capricious.

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