Loftus 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 by the Erie County Health Department as a nutritionist and breast-feeding coordinator. She sustained spinal injuries as the result of an October 1988 motor vehicle accident, which caused her to miss three months of work. Her symptoms of pain and numbness persisted until she resigned from her employment, applying for disability retirement…