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Accident report prepared by individual could prove crucial in claiming benefits

By Harvey Randall, Esq.

Accident report prepared by individual could prove crucial in claiming benefits
Matter of Canonico v Kelly, 2007 NY Slip Op 02611, decided on March 27, 2007, Appellate Division, First Department

The importance of an individual filing a comprehensive accident report is demonstrated by the Canonico case.

New York City police officer Alfred Canonico filed an application for an accident disability retirement allowance. His application was disapproved based on the Medical Board?s determination that Canonico?s ?seizure disorder was not caused by his line-of-duty injury suffered in August 1998? as he alleged.

Although the decision indicates that there was ?some credible evidence? that Canonico?s condition likely resulted from the line-of-duty incident, the Medical Board was not required to credit the medical opinion of other physicians, especially since Canonico?s ?original line-of-duty report and emergency room record failed to mention any head injury or complaints of headaches that [Canonico] later claimed and [Canonico] failed to provide contemporaneous medical evidence of such an injury or complaints.?

In addition, the Appellate Division noted that the Department?s surgeon twice disapproved Canonico?s application to amend his original line-of-duty report to include a head injury and complaints of headaches.

Accordingly, said the court, ?the Board of Trustees? decision to rely on the Medical Board?s recommendations to deny ?accidental? and approve ?ordinary? disability retirement was neither arbitrary nor capricious.

Full post as published by New York Public Personnel Law on January 14, 2008 (boomark / email).