Jetter v. McCall

Mikoll, J. P. (dissenting).

Petitioner sustained a back injury on October 7, 1992 as he took a briefcase out of his car. Testifying was Joseph Lopez, an orthopedic surgeon retained on behalf of the State Police, who found that petitioner was totally disabled from being able to perform police work because of the October 7, 1992 injury. The testimony of Lopez was supported by petitioner’s own physician, who also testified. As a result of petitioner’s inability to pass a police fitness test, a disability retirement application was submitted to respondent New York State Police and Fire Retirement…