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Tapia v. N.Y.C. Dep't Pension Fund

Officer Fails to Show Trustees', Board's Decision to Deny ADR Benefits Irrational

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Decision and Order and Judgment

*1  Petitioner, a police officer with the New York City Police Department (NYPD), was appointed to NYPD on July 11, 2005. He sustained two line-of-duty (LOD) injuries in 2008, following each of which he returned to full duty. He sustained a third LOD injury on August 14, 2009, and his treating physician diagnosed him with back sprain, contusion of the coccyx, and tendinitis of the right wrist. At petitioner’s follow-up treatment on October 13, 2009, his doctor diagnosed him with mild herniation, nerve impingement, and spondylosis. Petitioner returned to full duty in November, and did not report further problems until January 6, 2011. On January 6, 2011, petitioner treated with an orthopedic surgeon, complaining that for the past few weeks he had suffered a re-exacerbation of problems stemming from the August 13, 2009 injury. Ultimately, on May 16, 2011, he underwent lumbar fusion surgery. On January 17, 2012, after petitioner had worked on restricted duty for around eleven months, the police department’s supervising chief surgeon recommended that petitioner undergo an evaluation to determine whether because of the lumbar fusion surgery petitioner was disabled from duty. The

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