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Matter of Carboni v. Tchrs. Retirement Sys

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 1992
184 A.D.2d 448 (N.Y. App. Div. 1992)

Opinion

June 30, 1992

Appeal from the Supreme Court, New York County (William Davis, J.).


The trial court properly concluded that respondent Teachers Retirement System's (TRS) finding that petitioner's disability was not causally related to her October 1987 line-of-duty accident was rationally based.

TRS was entitled to accept the medical reports of its own experts instead of those of petitioner in evaluating the disability retirement application (see, Topkin v. Board of Educ., 121 A.D.2d 531). Here, the record shows that after repeatedly examining petitioner and reviewing, inter alia, the reports of petitioner's physicians and her Board of Education file, respondent's medical board specifically found that the disability was not causally related to the October 1987 accident. Moreover, the reports of petitioner's physicians offer no evidence to causally connect the accident with their diagnoses. Finally, the passage of a significant period of time between the line-of-duty accident and the onset of the disabling condition suggests that no causal relation existed (see, Matter of Scotto v. Board of Trustees, 76 A.D.2d 774, 775-776, affd 54 N.Y.2d 918).

Concur — Murphy, P.J., Sullivan, Carro, Rosenberger and Rubin, JJ.


Summaries of

Matter of Carboni v. Tchrs. Retirement Sys

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 1992
184 A.D.2d 448 (N.Y. App. Div. 1992)
Case details for

Matter of Carboni v. Tchrs. Retirement Sys

Case Details

Full title:In the Matter of IRENE CARBONI, Appellant, v. TEACHERS RETIREMENT SYSTEM…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 30, 1992

Citations

184 A.D.2d 448 (N.Y. App. Div. 1992)
585 N.Y.S.2d 406

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