The Disability Benefits E-book
2016 Edition
This 800+ page electronic handbook for administrators, union officials and
attorneys focuses on disability benefits available to officers and employees in public service pursuant to Civil
Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the
Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions
of law.
The Topics considered in this e-book are
set out below for your information
The price of this electronic handbook is still only $295.
It is sent as a searchable PDF document via e-mail for downloading to
your computer. The fact that this is an electronic publication permits
the
user to locate information in the database by using key words and
phrases. If
you win, or better yet, avoid, one lawsuit or grievance based on the
information found in this e-book, you probably will save many times it price.
HOW TO
ORDER
You may order this
e-book using a credit card via PayPal using the secure link provided in
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You may also order your copy of the Disability Benefits E-book by e-mailing your name, the name of your organization, the e-mail
address to which the e-book should be sent [if different] and its telephone number [and the purchase order number if the organization uses purchase orders] to: Publications@nycap.rr.com.or you may mail your organization's
purchase order form to:
Public Employment Law Press
887
Birchwood Lane
Schenectady,
NY 12309-3119
TOPICS
Ability to perform light duty - discontinuation of GML
§207-c benefits
Adjustments to a disabled firefighter’s
salary and GML §207-a[2] supplements
Action in the nature of “mandamus”
Action to terminate a disability retirement allowance then
being received by a NYC police officer must be approved by the NYC Police
Pension Fund's Board of Trustees
Advisory opinions of the New York City Corporation Counsel –
returning to duty
Age
discrimination – requiring a police officer or firefighter retire upon
attaining a specified age
Agreement
to retire
Allowing
the arbitrator to exceed authority
Another
type of offset case - recovery under the terms of
an insurance policy purchased by the employer
Appealing the denial of an application for General Municipal
Law §207-c disability benefits
Applicant for §207-c
of the General Municipal Law disability benefits must show that the disability
was directly caused by a job-related illness or injury
Applicants for §207-c benefits -a "direct causal
relationship
Application for an accident disability retirement - tie vote
by review board
Applications
for accidental disability retirement benefits must show
event
Application of CSL 71 in situations were §§207-a or 207-c
are operative
Applying for
accidental disability retirement and performance of duty disability retirement
benefits
Applicant for an accidental or line of duty disability
retirement allowance has the burden of establishing that he or she is entitled
to such a retirement allowance
Applying for accidental disability retirement and
performance of duty disability retirement benefits
Appointing authority
must comply with the procedures set out in Civil Service Law §72
Appointing authority not authorized file an “employer
application” for ordinary disability on behalf of a police officer receiving
§209-c benefits
Appointing authority required to consider the fact that an
applicant for General Municipal Law §207-a (2) benefits has been awarded
performance
Appointing authority’s adoption of hearing officer’s findings and recommendation
a “final determination” for purposes of appeal
Approving §207-c benefit claims arbitrable"
Arbitrating
a return to light duty
Arbitration
Arbitrator finds a probationary employee at the time of his injury, is
not exclusive, and a CBA will not be construed to implicitly expand
Asking an administrative body to reconsider its earlier
decision does not revive an expired statute of limitation without a fresh
examination of the matter based on newly presented evidence
Assignment
of personnel
Automatic §207-a benefits
Back
salary and benefits
Benefit available members of union pursuant to a
"Memorandum of Agreement" was a “vested lifetime benefit”
Benefits
after Felony Conviction
Benefits provided to a police officer under General
Municipal Law §207-c
Causal relationship between job duties and the resulting
illness
Causality
of the infirmity.
Challenge to a denial of Section 207-a benefits is to be
made by an action in
Challenge to decision following a hearing conducted pursuant
to procedures
Challenge
to probation
Challenging the discontinuation of a Section 207-a salary
supplement
Challenging the result of a GML §§207-a/c hearing
Charging
lost time to leave credits
Chiropractic
Treatment
Claiming and denying
benefits available under to General Municipal Law §207-c
Collecting
Section 207-a(2) benefits.
Collective
bargaining
Collective
bargaining agreement may establish a vested right to a continuation of the same
health coverage as a retiree enjoyed by the individual at the time of his or
her retirement
Collective
bargaining agreements
Collective
bargaining issues
Compulsory
arbitration demand
Conflicting
medical opinions
Congenital
condition's impact on eligibility
Continuing §207-c benefits if an individual refuses to
perform light duty
Contradictory
testimony
Controlling
law
Correction officer’s
work-related injury must be caused by direct interaction with an inmate in
order to qualify for RSSL §507-b disability retirement benefits
Court
review of denial of General Municipal Law §207-a benefits
Court sustains arbitrator’s Section 207-a benefits award
Credit for
medical expenses
Death
benefits
Definition
of accident
Denial of benefits distinguished from revocation of Section
207-c benefits
Determination
of "on the job" injury
Determination
of permanent disability
Determining General Municipal Law Section 207-a benefits
Determining if there is a special relationship between a
municipal employer and a municipal employee
Determining
line-of-duty disability
Determining
Section 207-a benefits
Determining the effective date of a “9-11 related”
accidental disability retirement allowance established by
"reclassification"
Determining
the impact of a disability
Differing
medical testimony
Disability
benefits
Disability
benefits and light duty
Disability
Leave and the Taylor Law
Disability
resulting from cancer
Disability
retirement
Disability
retirement and Section 207-c
Disciplinary
actions and Section 207 benefits
Discontinuing
disability benefits
Discontinuing
Section 207-a benefits
Discrimination
against probationer
Discrimination
and Civil Rights
Disqualification
for Section 207-a
Doctrine of Estoppel
cannot be invoked to attain eligibility for a retirement benefit if the
individual does not qualify for the benefit claimed
Due
process and Section 73, Civil Service Law determinations
Due process requirements - filing an employer’s application
for disability
Eligibility for §207-c benefits only requires the applicant
to show a direct casual relationship
Eligibility
for Disability Benefits
Eligibility
for FMLA leave
Eligibility
for the salary increases and benefits
Employee alleged to be mentally unfit to perform his job
Employee injured on
the job may sue for injuries he or she subsequently suffered while
being transported to a hospital for treatment for his or her job related
injuries
Employee, as an
active participant in a work-related tragedy rather than as a bystander, is
eligible for workers’ compensation benefits
Employee's
application for Workers’ Compensation Benefits based on "multiple chemical
sensitivity" rejected
Employee's inability
to provide the necessary urine sample for a drug test because of a medical condition
trumps allegations of misconduct
Employer
applications for disability retirement
Employer’s decision not to hire an individual because the
individual was pregnant a form of unlawful discrimination
Employer has the
burden of proving an individual cannot perform the essential functions of the
position regardless of any reasonable accommodation provided
Employer may not summarily terminate an individual’s Section
207-c
Employer must permit
employee to try to cure defects in his or her FMLA
request before denying it
Employer to
consider a reasonable accommodation after employee on workers’
compensation leave
Employer
to make an individualized assessment of a disabled applicant’s particular abilities
Employer’s medical evidence rebutting GML Section 207-m
presumption
Employers must
provide a disabled individual with a reasonable accommodation
EMT
Differential
Entitlement
to benefits
ERISA provisions do
not apply to
“assignment and alienation” of government retirement plans
Establishing
a right to Section 207-c benefits
Evaluating
disability claims
Evaluating the application of the §207-k presumption that a
heart condition
Evaluation
of degree of injury
Exaggerating
injury
Exhausting
administrative remedy
Exhausting
leave accruals
Failure to follow the negotiated Section 207-a appeals
procedure
Firefighter who returned to duty not eligible for Section
207-a(2)
Firefighter's
rule and municipal liability
Forfeiting
Section 207-a benefits
Fraud -
selective prosecution
Fraud in
claiming a Section 207-c benefit
General Municipal
Law §207-c Hearing Officer to weigh conflicting medical opinions
Global settlement
contract settled the underlying grievance renders the
appeal moot
Governmental
entity’s liability for alleged negligence
Grievance challenging the denial of §207-a (2) benefits
Health and
life insurance for retirees
Health
insurance coverage under
Health
insurance for disabled
Hearing before reducing or withholding Section 207-c
benefits
Hearing
loss
Hearing Officer -- conflicting medical evidence
Hearings
provided by local law
Heart condition - job related
Heart
Disease
Holiday pay
Improper
practice claims
Inability to Work
with a particular supervisor is not a disability
Injured police officer’s settlement with the insurance company
Injury at
social event
Injury by
co-worker
Injury in
official vehicle
Injury in
parking lot
Injury
off-duty
Injury
while leaving work
Interpreting
contract language
Involuntary
disability leave
Involuntary
disability retirement
Involuntary
retirement
Is it a health insurance claim or a workers compensation
claim?
Law in place at the
time of administrative decision controls
Layoffs
and ADR application deadlines
Legislative intent with respect to providing performance of
duty disability
Light Duty
Light Duty
and the Taylor Law
Light duty
as an accommodation
Light duty
requirements
Line of
duty determination
Line of
duty injury
Longevity
Pay
Longevity
salary increases
Medical Board contradictions in its recommendation
Medical
evidence of disability
Medical
examination
Member of the NYS
Employees’ Retirement System must file a timely application
Membership in the
Retirement System is critical to an employee’s
earning member service credit
Mental
stress and workers' compensation
Multiple
Agencies - assisting a neighboring
jurisdiction's police force
Municipality obligated to continue to pay the “207-a salary
differential”
Municipality's
refusal to honor retirement system's decision
Named
beneficiaries
Need for
independent determination
Negligence
of employer in injury
Negotiating
benefit requests procedures
Negotiating
Section 207-a procedures
Negotiations
after the contract expires
New hearing after denying employee’s application for GML
207-c benefits
No "
line of duty injury applicable to General Municipal Law §207-a
Non-service-related
disability
Not all tasks performed at work constitute the performance
of official duties
NYS Employees’
Retirement System benefits are based on the member’s job title at retirement
Obligations
under other laws or agreements
Occupational
hearing loss of a collective bargaining agreement of duty disability retirement benefits
Off-Duty
Coverage
Off-duty
employment of peace officers
Off-duty
incurred disability
Off-duty
injuries
Officer is receiving Section 207-c benefits
Offset for
disability benefits
On-call
employees being off-duty
Ordinary disability retirement application filed on behalf
of a police officer
Overtime
assignments
Pay Raises
for Disabled Firefighters
Payroll
deductions for withholding taxes
Pension Fund’s use
of Social Security Administration’s decision to determine eligibility
Placement on involuntary leave as the result of disability
not work-related under color of Civil Service Law §72.5
Police officer denied Section 207-c benefits unrelated to
line-of-duty injury
Police officer eligible to receive unemployment insurance
benefits
Police officer forfeits §207-c disability pay benefits
Police officer must show a causal connection to heart attack
Post-traumatic
stress and Workers' Compensation
Power of
Arbitrator
Pre-benefit
medical examination
Preexisting nonwork-related conditions may not always bar recovery
Preferred
list status and Section 363, RSSL
Presumption
of work-connected heart attack
Pre-termination
hearings -- Section 73 of the Civil Service
Pre-tour
accidents
Prior litigation does not bar revaluation of disabled
employee’s ability to perform his or her duties
Probationary
Period
Probationer's
claim for disability retirement
Probationer's
disability discrimination claim
Procedure
- accidental disability retirement application
Procedure for challenging a retirement system service credit
Proposals for de novo arbitral review to resolve
disputes not mandatory
Providing
Section 207-c benefits
Psychological
disability
Psychological
evaluation
Public employees
cannot be required to surrender their legal right to retirement benefits
Qualification
for employment is critical to Section 207-c benefits
Reasonable
accommodation
Rebutting a
presumption
Recall from GML
207-a/c Leave
Recall to
light duty
Recapturing
retirement benefits
Record
required for court to adjudicate a petition
Recovering
Section 207-c overpayments
Recovering
Section 207-c payments
Re-employment
examination
Refusal to
take medical examination
Refusal to
undergo surgery
Refusing a
"light duty" assignment
Reimbursement
for medical expenses
Reimbursement
from workers' compensation
Reimbursement of improperly withheld GML §207-c benefits
Reimbursing
Section 207-c benefits
Reinstatement
after light duty
Reinstatement
following disability
Reinstatement
from Section 72 leave
Request for
reconsideration of a final administrative decision
Request for reconsideration of an administration decision
does not toll the statute of limitations
Requirement
to undergo surgery
Requiring employees
absent on sick leave to be examined by a physician designated by the employer
Residence
Residence
requirements
Retired firefighter not authorized by statute
Retirees
as employees
Retiree's
health insurance premiums
Retirement
and Social Security Law
Retirement
benefits and divorce retirement
Retroactive
benefits
Retroactive
benefits under 207-a(1)
Retroactive
disability retirement
Retroactive
payments of 207-a/207-c benefits
Return to
duty after an injury
Rulings by
the Workers' Compensation Board
Running of the statute of limitations
Salary
Adjustments
School district active employee retired
employee provided with identical health insurance benefits
Section
207-a administrative decisions
Section 207-a payments may not be discontinued
Section
207-a salary adjustments - violations of ADA
Section
207-a. payment of salary, medical and hospital expenses
Section
207-a/207-c determinations
Section
207-a/207-c exclusive remedy for co-worker negligence
Section
207-a/207-c hearings by the court
Section
207-c administrative hearings
Section 207-c hearing officer’s evaluation of the evidence
entitled to great weight
Section
207-c line of duty disability
Section
207-c. Payment of salary, wages, medical and hospital expenses
Seeking a lien against the proceeds of negligence settlement
Self-insurance
plan
Service
requirement
Showing a direct
causal relationship between job duties and the resulting illness or injury
Sick leave
Sick leave
vs. Section 207 benefits
Simultaneously receiving GML Section 207-c benefits
Smoking
and coronary disease
Social
Security provides disability benefits if
the employee is "disabled
Statutory presumption in General Municipal Law §207-k
Stopping
health insurance benefits
Stress and
207-a/207-c
Stress
disorder
Stress-Related
Disability Retirement
Subjects of collective bargaining
Submission of a
fraudulent medical note alleged
Sudden
events as accidents
Supplement upon subsequent retirement for disability
retirement
Supplementing a retirement allowance
Taxability
of Disability Pay
Taxability
of Survivor Benefits
Taylor Law and 207-a, 207-c
Terminating
disability benefits
Termination
of 207-a benefits for age
Termination
of disabled individuals
Terms of the collective bargaining agreement
Time
limits - accidental disability retirement
Timing of
payments
Transfers
Unequal
treatment
Use of
leave credits
Using the job description of the individual assigned to
light, limited or restricted duty
Vacation
Accruals
Where –
when - how did the accident occur
Where there is
conflicting medical evidence Retirement System may rely on its expert’s opinion
Withdrawing an
application for service retirement benefits
Workers'
Compensation Board’s granting an award does not,automatically entitle
the claimant to General Municipal Law §207-c benefits
Workers'
Compensation Law
