Eichler v. McElligott

Under the provisions of section 790 of the Greater New York Charter, the fire commissioner, on October 1, 1936, upon certification of the medical board of the fire department that the petitioner was permanently physically disqualified for the performance of duties in the uniformed force, was entitled to retire him from service or to relieve him from service at fires.

There is nothing in this section which authorizes the medical board to certify whether the disability was service-incurred or whether the member of the department was able to perform light duties. Those functions rested upon the…