Jones 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 accidental disability retirement benefits.

Petitioner, a motor equipment operator, injured his back in a fall at work in November 1992. He made several brief returns to work, but in December 1994, after he had been absent for more than a year, his employment was terminated. Shortly thereafter, he applied for accidental disability retirement benefits based upon the November 1992 injury. After…