Matter of Sheldon v. Kelly

OPINION OF THE COURT

Acosta, J.

This appeal affords us the opportunity to address the World Trade Center (WTC) presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), which places the burden on the police pension fund to show that a police officer’s qualifying injury was not incurred in the line of duty, in the context of a diagnosis of fibromyalgia. Respondents argue that fibromyalgia is not a qualifying World Trade Center condition pursuant to Retirement and Social Security Law § 2 (36) (c). We find that fibromyalgia qualifies as a “new onset disease” {see id. § 2 [36] [c] [v])…