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MATTER OF KAISER v. McCALL

287 A.D.2d 930 (2001)

731 N.Y.S.2d 540

In the Matter of STEVEN KAISER, 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.

Decided October 25, 2001.

Mercure, J.

Petitioner, a police sergeant, filed applications for accidental and performance of duty disability retirement benefits based upon cervical and lumbar injuries that he sustained in a November 1992 incident at work. The applications were initially denied in January 1996 on the ground that petitioner was not permanently incapacitated for the performance of his duties as a police sergeant. Shortly thereafter, an MRI revealed a herniated disc in the lumbar...

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