Claim of Cooper v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for disability retirement benefits.

Petitioner was employed as a developmental aide at a residential group home where his duties included assisting residents to accomplish personal tasks and helping to restrain them, as needed. He stopped working in June 1998 due to the constant pain he reported experiencing in his neck, back and hip which, in turn, caused him to suffer from depression, sleep…