Matter of DePasquale v New York City Employees’ Retirement Sys.

Holding The Appellate Division affirmed the lower court’s judgment annulling the Board of Trustees’ denial of World Trade Center disability retirement benefits. The court found that the Medical Board’s determination was arbitrary and capricious because it lacked a rational basis and failed to rebut the statutory presumption of causation.

The court’s words

the determination of the Medical Board that the petitioner was not disabled from performing his job duties was not supported by credible evidence and was arbitrary and capricious

2026 NY Slip Op 06437, at the official text

his opinion was inconsistent with the evidence in the record and lacked a rational basis for disregarding findings from providers who concluded, inter alia, that the petitioner presented with PTSD symptoms that prevented him from performing his duties

2026 NY Slip Op 06437, at the official text

the Medical Board failed to present credible evidence to rebut the statutory presumption that the petitioner's disability was caused by his activities at the World Trade Center site

2026 NY Slip Op 06437, at the official text