Summary
excluding job-related stress because the Medical Board established that a congenital abnormality was the cause
Summary of this case from In re Appl. of Sha-Bethea v. KellyOpinion
May 11, 1993
Appeal from the Supreme Court, New York County (Myriam Altman, J.).
While there were differing medical opinions for the causes of petitioner's medical disability, the Medical Board's conclusion that petitioner's disability was not job-related is supported by evidence in the record and thus adequately rebuts the presumption created by General Municipal Law § 207-k (the Heart Bill). The Medical Board demonstrated how the evidence indicated that petitioner had no coronary artery disease, that his aortic stenosis was unrelated to his job as a police officer, and that petitioner's left ventricular dysfunction was similarly not job-related since it was caused by the aortic stenosis (see, Matter of Simmons v Herkommer, 98 A.D.2d 651, affd 62 N.Y.2d 711).
Concur — Sullivan, J.P., Ellerin, Wallach, Rubin and Nardelli, JJ.