Whalen v. Monaghan

While the trustees are free to determine whether a disability is service connected and in that respect need not follow the findings of the medical board, they are not free to disregard the findings of that board with respect to the nature and the extent of the disability (Matter of Bielde v. Valentine, 177 Mise. 743, affd. 262 App. Div. 832, motion for leave to appeal denied 287 H. Y. 854; Matter of City of New Torio v. Schoeclo, 294 H. Y. 559, 566). It would appear, however, that the trustees have failed to accept the medical findings of the board. The only interpretation of the trustees’…