Capraro v. DiNapoli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
*1021We confirm. An applicant for accidental disability retirement benefits bears the burden of proving that he or she is permanently incapacitated from performing his or her job duties (see Matter of Wilkinson v DiNapoli, 86 AD3d 851, 852 [2011]; Matter of Byrne v DiNapoli, 85 AD3d 1530, 1531 [2011]). Here, the only competent medical evidence presented was an independent medical examination that found that the December 2007 incident did not cause petitioner’s knee injury, but, rather, aggravated a preexisting condition and that temporary damage to the knee had been resolved to its preaccident…
2Cases cited6 opinions
- Byrne v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Decker v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
- Di Francesco v. Comptroller of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Wilkinson v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
- Hodio v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by11 opinions
- Cooke v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Weaver v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Gerber v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Guadagnolo v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Dee v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017
6 more not listed; retrieve them via the Exa API.