ALBANY, N.Y. (CN) – A retired corrections officer cannot receive disability retirement benefits because he was not permanently incapacitated while performing his duties, a New York appellate division ruled.
Michael Cavalieri was first injured on the job when he felt a sharp pain in his back while frisking an inmate.
He returned to light duty but then fell down a flight of stairs, injuring his neck. Cavalieri appealed after his disability benefits were denied.
Cavalieri’s doctor testified that his patient’s injury on the job led to his permanent inability to work. The state countered with testimony from a neurologist who said Cavalieri’s herniated disks were age-related and not causing clinical symptoms.
The court favored the testimony of the neurologist, especially in light of evidence that Cavalieri was not “totally candid with his medical history.”