Justice Alice Schlesinger
Police officer Attari retired with an Ordinary Disability Retirement. She claimed she was entitled to Accident Disability Retirement (ADR) for orthopaedic reasons. Attari suffered two on the job injuries in motor vehicle accidents while a passenger in a radio motor patrol car. She applied for ADR, but was denied, and applied several more times. Each time the Medical Board (MB) recommended denial, and the Pension Board (PB) accepted those recommendations. The court found this Article 78 action was timely as it challenged the final denial of Attari’s application for ADR by the PB on Feb. 8, 2012. Attari’s counsel argued the last denial by the PB was arbitrary as the MB ignored clear findings by its own NYPD orthopaedic surgeon who found Attari unfit for full duty. The court stated that the MB’s denial was predicated on its repeated findings of no disability based on a belief Attari’s pain was exaggerated or imagined, but without an objective basis. It found the MB had a right to reach such conclusion, noting it considered submitted evidence, and relied on the results of its own physical examinations, despite other conflicting evidence. The court stated it could not substitute its opinion for the Board, denying the petition.
