No Duty Disability Retirement Benefits for Firefighter With Back Injury

A New York appellate court upheld the denial of duty disability retirement benefits for a firefighter with a back injury. Case: Matter of McGarry v DiNapoli, No. 524480, 08/17/2017, published. Facts: Denis McGarry worked as a firefighter. After he suffered an on-the-job back injury, he applied for performance of duty disability retirement benefits. He supported his application with a report from his neurosurgeon, who said he had isthmic spondylolisthesis that required two-level fusion surgery. The neurosurgeon indicated that the surgery would require the insertion of permanent hardware, and...