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The Evilness Of Section 6511
4 Sep 2017, 8:00 am by Bryan Camp
Last week, in Borenstein v. [read post]
TaxProf Blog - http://taxprof.typepad.com/taxprof_blog/
Do The Changes To Adverse Possession Law Enacted In New York In 2008 Apply To All Claims Brought After That Date?
26 Mar 2014, 10:23 am
See Shilkoff v. [read post]
New York Business Lawyer Blog - http://www.newyorkbusinesslawyerblog.com/
The Medical Board's recommendation that an application for performance of duty disability retirement benefits be denied is conclusive if it is supported by some credible evidence and is not arbitrary or capricious
19 Apr 2021, 7:00 am by Public Employment Law Press
"A mere conflict in opinion among physicians is not a ground for disturbing a determination; and [3] "Courts may not 'substitute [their] own judgment for that of the Medical Board,' citing Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d at 761. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Medical Board's recommendation that an application for performance of duty disability retirement benefits be denied is conclusive if it is supported by some credible evidence and is not arbitrary or capricious
19 Apr 2021, 7:00 am by Public Employment Law Press
"A mere conflict in opinion among physicians is not a ground for disturbing a determination; and [3] "Courts may not 'substitute [their] own judgment for that of the Medical Board,' citing Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d at 761. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Application for accidental disability retirement benefits rejected on finding that the alleged disability was not suffered in the performance of the applicant's duties.
2 Nov 2020, 7:00 am by Public Employment Law Press
Citing Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the Appellate Division sustained Supreme Court's ruling, concluding that the denial of Plaintiff's application for ADR was "not arbitrary and capricious, but [was] based on credible evidence in the record. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Retirement System Medical Board may rely on its own expertise to determine an applicant's eligiblility for benefits
17 Nov 2022, 5:30 am by Public Employment Law Press
" Citing Matter of Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the court said that the Medical Board "properly based its conclusion on its examination" of the Applicant and his medical records, which provided some credible evidence to support its findings. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Application for accidental disability retirement benefits rejected on finding that the alleged disability was not suffered in the performance of the applicant's duties.
2 Nov 2020, 7:00 am by Public Employment Law Press
Citing Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the Appellate Division sustained Supreme Court's ruling, concluding that the denial of Plaintiff's application for ADR was "not arbitrary and capricious, but [was] based on credible evidence in the record. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Retirement System Medical Board may rely on its own expertise to determine an applicant's eligiblility for benefits
17 Nov 2022, 5:30 am by Public Employment Law Press
" Citing Matter of Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the court said that the Medical Board "properly based its conclusion on its examination" of the Applicant and his medical records, which provided some credible evidence to support its findings. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Resolving a challenge to the denial of an application for accidental disability retirement benefits resulting from a tie vote by the pension fund's Board of Trustees
4 Mar 2021, 4:00 am by Public Employment Law Press
Citing Meyer v Board of Trustees of N.Y. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
If the Medical Board concludes that a disability exists, the Board of Trustees "must then make its own evaluation as to the Medical Board's recommendation regarding causation" (Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d at 760). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
If the Medical Board concludes that a disability exists, the Board of Trustees "must then make its own evaluation as to the Medical Board's recommendation regarding causation" (Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d at 760). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Creditable medical evidence trumps presumption that a disease of the heart was incurred in the performance of police officer duties
2 Jul 2012, 4:32 am
Citing Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the Appellate Division said that Supreme Court “exceeded the scope of its review,” which is to determine “whether ‘some credible evidence’ supported the Medical Board's determination as to disability. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
On article 78 review, the Board's determination to deny ADR generally will not be disturbed if it is based on substantial evidence; that is, if it is rationally supported by the record viewed as a whole (see Kelly, 30 NY3d at 684; Borenstein v NY City Emples. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
On article 78 review, the Board's determination to deny ADR generally will not be disturbed if it is based on substantial evidence; that is, if it is rationally supported by the record viewed as a whole (see Kelly, 30 NY3d at 684; Borenstein v NY City Emples. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Mootness and the FLSA: Where Are We Now?
3 Sep 2012, 5:33 pm by Andrew Frisch
Borenstein to read the entire Order. [read post]
Overtime Law Blog | FLSA Decisions - http://overtimelaw.wordpress.com
Reference Manual – Desiderata for 4th Edition – Part V – Specific Tortogens
14 Feb 2023, 8:07 am by admin
”) [8] James Mortimer, Amy Borenstein, and Lorene Nelson, “Associations of welding and manganese exposure with Parkinson disease: Review and meta-analysis,” 79 Neurology 1174 (2012). [9] Bernard D. [read post]
Tortini - http://schachtmanlaw.com/blog/
In applying the arbitrary and capricious standard in the course of litigation, a court inquires whether the determination under review had a rational basis
6 Dec 2024, 6:00 am by Public Employment Law Press
"The Medical Board determines whether a member applying for disability retirement benefits is disabled, and the Board of Trustees is bound by the Medical Board's finding that an applicant is, or is not, disabled for duty" (Matter of Russell v New York City Employees' Retirement Sys., 155 AD3d 1046, 1046; see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
In applying the arbitrary and capricious standard in the course of litigation, a court inquires whether the determination under review had a rational basis
6 Dec 2024, 6:00 am by Public Employment Law Press
"The Medical Board determines whether a member applying for disability retirement benefits is disabled, and the Board of Trustees is bound by the Medical Board's finding that an applicant is, or is not, disabled for duty" (Matter of Russell v New York City Employees' Retirement Sys., 155 AD3d 1046, 1046; see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
General Global Week in Review 22 February 2010 from IP Think Tank
22 Feb 2010, 3:35 am
Denver Mattress Co., LLC (not precedential) (TTABlog) 9th Circuit: Judicial estoppel does not bar trade dress theory: Larin Corp. v. [read post]
IP Thinktank - http://duncanbucknell.com/ipthinktank.blog
General Global Week in Review 22 February 2010 from IP Think Tank
22 Feb 2010, 3:35 am
Denver Mattress Co., LLC (not precedential) (TTABlog) 9th Circuit: Judicial estoppel does not bar trade dress theory: Larin Corp. v. [read post]
IP Thinktank - http://duncanbucknell.com/ipthinktank.blog