MATTER OF BILODEAU v. McCALL


240 A.D.2d 844 (1997)

659 N.Y.S.2d 797

In the Matter of Trevor R. Bilodeau, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, Respondent

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

June 12, 1997


Petitioner's application for disability retirement benefits was denied on the ground that he was not permanently incapacitated from performing his duties as a heavy equipment operator. Significantly, respondent credited the opinion of the medical expert who testified on behalf of the New York State and Local Employees' Retirement System that his examination of petitioner revealed no objective finding of any neurological impingement and that the injury to petitioner's back...

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