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Webster v. Teachers Ret. Sys

Accident Disability Retirement Pension Was Granted for Worsening of Preexisting Condition

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Decision, Order and Judgment

*1 In this petition, John Webster challenges the denial of Teachers’ Retirement System of the City of New York’s (TRS) most recent decision denying petitioner an accident disability retirement (ADR) pension. TRS determined petitioner to be disabled, but concluded that he had not established his entitlement to a pension for an on-the-job injury. Petitioner worked in the school for under ten years, and therefore he is not entitled to an ordinary disability retirement pension. Petitioner does not seek a remand to TRS for further findings but a finding of irrationality and a direction to TRS to award him an ADR pension and to provide him with a complete copy of his disability retirement application including all medical records in its possession which are not part of the petition and answering documents. According to the petition, petitioner’s prior history is as follows: In 2006 he underwent two emergency heart surgeries related to complications from Lyme’s Disease. He returned to school

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