Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Matter of Boyd v. N.Y.C Employees' Retirement Sys.

NYCERS' Trustees Denial of Disability Benefits to Correction's Officer Arbitrary, Annulled

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion:Papers NumberedNotice of Verified Petition with Accompanying Affidavits and Exhibits             1Respondent’s Verified Answer to Petition with Accompanying Affidavits and Exhibits      2Respondent’s Memorandum of Law    3Petitioner’s Reply Affirmation             4For a Judgment Pursuant to Article 78 of the Civil Practice Law and RulesDECISION/ORDER

*1  This case raises the issue of what criteria apply for determining whether the Board of Trustees (“Trustees”) of the New York City Employee Retirement System (“ERS”), has conducted an adequate evaluation as to the causation of a NYC correction officer’s disability, where there are conflicting medical opinions as to whether the disability resulted from an injury suffered in the performance of a member’s duties or was caused by a non-servicerelated physical condition. The Trustees is the administrative agency which ultimately decides whether a correction officer is entitled to a performance of duty disability retirement benefit. Petitioner Matthew Boyd (“petitioner” or “Boyd”), a correction officer employed by the NYC Department of Corrections (“DOC”), seeks an order annulling the determination of the Trustees, dated May 15, 2016, which denied his application for disability retirement benefits (“disability benefits”) pursuant to Retirement and Social Security Law (“RSSL”) §507-c.Prior to his appointment by the DOC, petitioner passed the physical and mental examination administered by the DOC, which demonstrated that he was mentally and physically fit. In 2006 and 2007, petitioner was assaulted by inmates while on the job and sustained injuries to his shoulders, back and neck. After the first incident, petitioner did not return to work until almost a

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements