Strommer v. N.Y. State and Local Police and Fire Ret. Sys.
| Decision Date | 27 January 2011 |
| Citation | 915 N.Y.S.2d 764,80 A.D.3d 1113 |
| Parties | In the Matter of Kevin M. STROMMER, Petitioner, v. NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ostrer Rosenwasser, L.L.P., Chester (David Hoovler of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.
Before: MERCURE, J.P., ROSE, LAHTINEN, KAVANAGH and GARRY, JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of the Comptroller denying petitioner's applications for enhanced and accidental disability retirement benefits.
Petitioner was enrolled at the State Police Academy in 1989 when he sustained severe head trauma as the result of an off-duty motor vehicle accident. Ultimately, he returned to the academy and graduatedin 1994. In 2004, petitioner's employer filed an application on behalf of petitioner for disability retirement benefits alleging that petitioner was permanently disabled as a result of impaired judgment and impulsivity caused by severe head trauma sustained in the off-duty motor vehicle accident. The Comptroller approved the application. Petitioner then filed an application for accidental disability retirement benefits, relying on injuries sustained as a result of on-duty motor vehicle accidents in 1995 and 1999 and a struggle with an intoxicated arrestee in 2004. After a hearing, the Comptroller denied that application, as well as petitioner's request for enhanced State Police disability benefits. Petitioner commenced this proceeding challenging that determination.
Petitioner now argues only that the Comptroller erred in concluding that the 1995 accident was not the proximate cause of his disablement. In support of his application, petitioner testified that, as a result of the 1995 accident, he struck his head on the steering wheel, lost consciousness and developed seizures six months later. The seizures were resolved with medication, which petitioner ceased taking in 2001. Petitioner's treating neurologist opined that the "relatively minor" head trauma sustained by petitioner in 1995 directly contributed to his problems with impulsivity and impaired judgment. On the other hand, the neurologist who examined petitioner for respondent took a contrary view, opining that the 1995 accident wasunrelated to petitioner's current situation. This neurologist considered the relevant medical records but dismissed the 1995 accident as a cause of any disability because petiti...
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