A disability claim denied.

The First Department affirmed the denial of petitioner-police officer's claim to disability retirement benefits, in Igneri v. Kelly, which was decided on October 25, 2007.

The court said that, on this record, it could not be determined, as a matter of law, that petitioner's disabling arthritic condition was the natural and proximate result of the 1983 gunshot wound to his right thigh.

While petitioner offered various theories of causation, they were all refuted by credible evidence of lack of causation. As an example, petitioner proffered that the damage to his right thigh caused him to alter his gait and kept him from exercising, resulting in the weight gain that the Medical Board believes contributed to the arthritis. But the Medical Board countered that its examination of petitioner revealed full functional recovery of the thigh with the exception of some decreased sensation. No atrophy or motor problems were noted, and there was no indication of a change in gait or other cause for increased weight gain due to an inability to exercise.

While petitioner was claiming arthritis in his right-knee, the Medical Board cited evidence that the bullet fired at petitioner missed the knee and that no bullet or bone fragments were found in the knee. The Medical Board also cited evidence that petitioner was now displaying symptoms of arthritis in his left knee.

Finally, the court said that the fact that the Police Department had paid for petitioner's medical treatment for the knee is not evidence that the condition of the knee is service-related.