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False claim - work-related injury

False claim - work-related injury
Egan v Von Essen, 260 AD2d 479

New York City firefighter Richard M. Egan claimed he injured himself by falling out of a chair while at work. On May 10, 1994, Egan filed an application for a service-incurred disability pension with the Fire Department Pension Fund based on back injuries he allegedly suffered by the fall.

In the course of disciplinary action taken against Egan, the administrative law judge [ALJ] found that Egan had injured his back while participating in a nonwork-related jujitsu class. In addition, the ALJ decided that Egan violated certain regulations of the Fire Department as well as his oath of office by filing an official report containing statements concerning the incident that he knew were untrue.

Based on the findings and recommendation of the ALJ, the Fire Commissioner fired Egan. Egan challenged the Commissioner?s decision, contending that it was not supported by substantial evidence. He also contended that even assuming that he was guilty of the charges filed against him, the penalty of dismissal was unduly harsh.

The Appellate Division rejected Egan?s appeal. It said that under the circumstances of this case, it found that the charges were supported by substantial evidence, including Egan?s ?admission of wrongdoing to several witnesses.?

As to the penalty imposed by the commissioner, the court said that ?contrary to [Egan?s] contention, the penalty of dismissal was not ?shocking to one?s sense of fairness?, in view of the evidence that he violated Fire Department regulations and engaged in acts of dishonesty,? citing Pell v Board of Education, 34 NY2d 222.

Similarly, in Miller v NYC Department of Corrections, 260 AD2d 190, the Appellate Division, 1st Department, affirmed the dismissal of New York City correction officer Marie Miller based on the correction commissioner?s finding that Miller made ?false and misleading statements during investigatory interviews,? and, accordingly, is guilty of conduct unbecoming a correction officer.
NYPPL

Full post as published by New York Public Personnel Law on November 01, 2010 (boomark / email).