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  5. 255 A.D.2d 682 (1998)
 

MATTER OF NUGENT v. NEW YORK STATE & LOCAL EMPLOYEES' RET. SYS.

255 A.D.2d 682 (1998)

679 N.Y.S.2d 208

In the Matter of James Nugent, Petitioner, v. New York State and Local Employees' Retirement System et al., Respondents

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

November 5, 1998

Petitioner, a highway general foreman, applied for accidental disability retirement benefits because of injuries he allegedly sustained to his neck, back and arms after being attacked by a co-worker. Petitioner's application was denied on the ground that he was not permanently incapacitated from performing his employment duties. Substantial evidence supports the determination. Sherwood Greiner, an orthopedic surgeon who examined...

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