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Matter of Gibbs v. N.Y. City Emp. Retire

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1992
181 A.D.2d 592 (N.Y. App. Div. 1992)

Opinion

March 26, 1992

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


Nothing in the reports contemporaneously filed indicated that petitioner was seriously injured on December 7, 1987. The records of the treating hospital center noted a diagnosis of a bruised thumb, and x-rays revealed no fracture or dislocation. A subsequent examination conducted soon afterwards by petitioner's physicians likewise showed no fracture or dislocation. Petitioner missed but one day of employment and then returned to full duty for a year without any documented thumb problems. The Medical Board properly took this history into account in making its determination regarding causation. The Board of Trustees properly relied upon the recommendation of the Medical Board, comprised of three physicians each of whom examined petitioner (see, Matter of Christian v New York City Employees' Retirement Sys., 56 N.Y.2d 841, 843; Matter of Delahunty v Board of Trustees, 173 A.D.2d 212, 213 [1st Dept 1991], lv dismissed 78 N.Y.2d 982).

Concur — Murphy, P.J., Carro, Ellerin, Asch and Smith, JJ.


Summaries of

Matter of Gibbs v. N.Y. City Emp. Retire

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1992
181 A.D.2d 592 (N.Y. App. Div. 1992)
Case details for

Matter of Gibbs v. N.Y. City Emp. Retire

Case Details

Full title:In the Matter of EUGENE GIBBS, Appellant, v. NEW YORK CITY EMPLOYEES…

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

Date published: Mar 26, 1992

Citations

181 A.D.2d 592 (N.Y. App. Div. 1992)
581 N.Y.S.2d 326