Retired correction officer’s disability benefits case reversed by Supreme Court

January 30, 2024 Robert Abruzzese, Courthouse Editor

Hon. Wavny Toussaint, currently the presiding justice of the Appellate Term.
Photo: Mario Belluomo/Brooklyn Eagle

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The Supreme Court, Kings County, under Judge Wavny Toussaint, recently addressed a case involving Gerron Wade, a retired New York City correction officer, and his battle for performance of duty disability retirement benefits against the New York City Employees’ Retirement System (NYCERS). The court initially granted Wade’s petition, which was later reversed by the Appellate Division.

Wade filed an application with NYCERS for performance of duty disability retirement benefits under General Municipal Law, based on his diagnosis of atrioventricular nodal reentrant tachycardia (AVNRT). The Medical Board of NYCERS concluded that Wade was disabled from his duties but recommended the denial of his application for benefits. They reasoned that his disabling heart condition, while a structural electrical defect, was not related to job stress, and thus, not covered under the statute.

The legal issue in this case revolved around the interpretation of General Municipal Law § 207-o, which presumes certain heart conditions suffered by uniformed members to be job-related unless proven otherwise. The Medical Board’s conclusion hinged on the argument that Wade’s heart condition was intrinsic and not precipitated by job stress, such as hypertensive heart disease or coronary artery disease.

Wade’s legal team argued that his disabling condition, triggered during his employment, should be considered job-related under the statute. However, the Medical Board’s testimony suggested that stress was not the cause of Wade’s heart defect, thereby negating the presumption that his condition was related to his employment.