Opinion
June 6, 1995
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
Pursuant to section 207-k Gen. Mun. of the General Municipal Law, also known as the Heart Bill, respondent rebutted the presumption that petitioner's heart condition was job related after carefully viewing all of the medical evidence including stress tests and an EKG examination, all of which proved negative for cardiac damage. ( See, e.g., Matter of Gumbrecht v. McGuire, 117 A.D.2d 531.) Neither the Medical Board nor the Board of Trustees were required to identify the actual cause of the heart condition at issue. ( See, Matter of Goldman v. McGuire, 101 A.D.2d 768; see also, Matter of Bagarozza v. McGuire, 100 A.D.2d 986, affd 64 N.Y.2d 1043. )
Disability retirement under section 13-252 of the Administrative Code of the City of New York was properly disallowed when the Medical Board repeatedly addressed the issue whether the inhaling of smoke by petitioner during a fire while running up and down five flights of steps to evacuate the building could not have caused his chronic condition of premature ventricular contractions sometime later. ( Matter of Christian v New York City Employees' Retirement Sys., 83 A.D.2d 507, affd 56 N.Y.2d 841.)
Concur — Ellerin, J.P., Kupferman, Asch, Williams and Tom, JJ.