MATTER OF HENSHAW v. McCALL


242 A.D.2d 827 (1997)

661 N.Y.S.2d 1019

In the Matter of John E. Henshaw, Petitioner, v. H. Carl McCall, as New York State Comptroller, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 11, 1997


Petitioner applied for disability retirement benefits due to back injuries he sustained while performing his duties as a State Trooper. Petitioner's application was denied upon a finding that he was not permanently disabled. Substantial evidence supports the determination. William Rogers, an orthopedic surgeon who testified on behalf of respondent New York State Police and Fire Retirement System, opined that, based upon his examination of petitioner and his review of various...

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