City of Schenectady ex rel. Coker v. McCall

Mikoll, J. (dissenting). I respectfully dissent.

Unlike the classic conflict in medical opinion on the question of a petitioner’s total disability from work-related accidents, the resolution of which the court leaves to respondent (see, Matter of Cole v McCall, 231 AD2d 775), we are confronted in this matter by a different situation. Respondent, in rejecting the claim for disability retirement, based his determination on the opinion of Neil Lava, a neurologist who found no disability of Kevin J. Coker based on neurological grounds only. Petitioner’s own physician, Anthony Guidarelli, and the…