IN THE MATTER OF PHILIP DEPOALO, APPELLANT, v. COUNTY OF SCHENECTADY, ET AL.,
RESPONDENTS. (PROCEEDING NO. 1) / IN THE MATTER OF ALFRED GREENEWALD,
APPELLANT, v. COUNTY OF SCHENECTADY, ET AL., RESPONDENTS. (PROCEEDING NO. 2)
85 N.Y.2d 527, 650 N.E.2d 395, 626 N.Y.S.2d 737 (1995).
May 2, 1995
3 No. 76 (1995 NY Int. 095)
Decided May 2, 1995
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Joseph P. McGovern, for Appellants.
James W. Roemer, for Respondents.
SMITH, J.:
The primary issue here is whether the provisions of General Municipal
Law § 207-c require an applicant for benefits thereunder to submit to
medical examination to determine eligibility prior to granting
benefits. Because the Appellate Division properly concluded that
entitlement to benefits under General Municipal Law § 207-c authorizes
a determination by the municipality of eligibility prior to payment of
statutory benefits, we affirm.
Petitioners Philip DePoalo and Alfred Greenwald (petitioners) in these
CPLR article 78 proceedings challenge respondent County of
Schenectady's (respondent) denial of benefits under General Municipal
Law § 207-c. While at home on November 20, 1991, petitioner DePoalo
suffered chest pains resulting in his hospitalization for
approximately five days. DePoalo, a correction officer employed by
respondent, filed an application for benefits pursuant to General
Municipal Law § 207-c for illness incurred in the course of his
employment. A letter from his personal physician indicating that he
suffered from unstable angina pectoris and an occluded right coronary
artery supported DePoalo's application for benefits. The underlying
cause of his injury was a pre-existing arteriosclerotic heart disease.
Petitioner's physician concluded that job-related stress precipitated
his chest pains resulting in hospitalization. Respondent county
initially withheld determination of DePoalo's application pending a
further medical examination. However, DePoalo's application was
ultimately denied on the basis of insufficient medical evidence to
support a finding that he was taken ill as a result of the performance
of his duties following his refusal to attend an examination scheduled
SNIPPETS:
(PROCEEDING NO. 1)
APPELLANT, v. COUNTY OF SCHENECTADY, ET AL., RESPONDENTS.
The primary issue here is whether the provisions of General Municipal Law § 207-c require an
Because the Appellate Division properly concluded that entitlement to benefits under General
Petitioners Philip DePoalo and Alfred Greenwald in these CPLR article 78 proceedings
While at home on November 20, 1991, petitioner DePoalo suffered chest pains resulting in his
DePoalo, a correction officer employed by respondent, filed an application for benefits
A letter from his personal physician indicating that he suffered from unstable angina
DePoalo's application was ultimately denied on the basis of insufficient medical evidence to
Greenwald filed an application for General Municipal Law § 207-c benefits on March 23, 1992
Respondents denied Greenwald's application and charged him with two days of sick leave for
Petitioners challenge respondent county's respective determinations, contending that the
Supreme Court, in separate decisions, granted both petitions, finding the denial of GML 207-c
Supreme Court further found the procedure employed by respondent county to determine
the same judge concluded that an employer must initially grant GML 207-c benefits when an
The Appellate Division, in a single order, reversed in each proceeding and dismissed the
Any sheriff, undersheriff, deputy sheriff or corrections officer of the sheriff's department
alth authorities or any physician appointed for the purpose by the municipality, after a
care furnished after such date as such health authorities or physician shall certify that such
Petitioners argue that once they have presented prima facie evidence via a personal
|
