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Medical evidence supports finding that applicant?s disability was not job related

Medical evidence supports finding that applicant?s disability was not job related
Matter of Locke v Kelly, 38 A.D.3d 363

Richard Locke?s application for a service-related accidental disability retirement allowance was rejected.

The Appellate Division sustained the Police Commissioner?s rejection of Locke?s disability retirement application, ruling that the Medical Board's finding that his disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries was supported by credible evidence.

Among the ?medical explanations? for rejecting of Locke?s application cited by the Appellate Division in its ruling:

1. Locke felt pain even at night when he was not bearing weight on his knee;

2. Locke?s knee was painful at an area opposite where it had been injured; and

3. Locke?s gait was consistent with an arthritic hip rather than a painful knee

For the full text of the decision, go to:
http://www.nycourts.gov/reporter/3dseries/2007/2007_02431.htm

Full post as published by New York Public Personnel Law on September 08, 2009 (boomark / email).