Opinion
July 1, 1993
Appeal from the Supreme Court, Albany County.
On February 25, 1987, petitioner, a firefighter, injured his right leg when he fell on some ice while responding to a call. Petitioner was treated at the emergency room and released; he returned to work two weeks later. Four years later, petitioner applied for accidental disability and performance of duty disability retirement benefits alleging that he is currently disabled as a result of the 1987 incident. It is not disputed that petitioner is incapacitated for the performance of his duty as a firefighter. The determinative issue here is whether the disability is the natural and proximate result of the 1987 incident.
The burden was on petitioner to prove that the disability was causally related to the fall (see, Matter of Caltabiano v. New York State Empls. Retirement Sys., 135 A.D.2d 113, 114). Although evidence existed to support a finding of a causal relationship between the disability and the February 25, 1987 incident, there is also medical evidence in the record to support a contrary conclusion. It is within respondent's exclusive authority to evaluate conflicting medical evidence (see, Matter of Huether v Regan, 169 A.D.2d 907, 909, lv denied 77 N.Y.2d 808; Matter of Ramseur v. Regan, 154 A.D.2d 869, 870) and he is free to credit one physician's testimony over that of another (see, Matter of Rubinski v. New York State Local Police Fire Retirement Sys., 156 A.D.2d 888, 889). Inasmuch as respondent's determination denying petitioner's applications is supported by substantial evidence, it must be upheld (see, supra; Matter of McGrath v Regan, 109 A.D.2d 1007; Matter of Walker v. Regan, 97 A.D.2d 878).
Weiss, P.J., Mikoll, Crew III, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.