IW and the NYSRS one of the common practices by the State on a IW appeal case. They are asking for more time but if if was the IW asking you would never get it
Back in June we had my retirement hearing after the NYS Comptrollers Office denied my performance of duty disability after getting hurt more than three years back wrestling with an inmate. Well, at the hearing the lawyer for NYS didn't debate my medical, didn't debate that I got hurt etc. What NYS contended was that it was my fault, because I was trained I should have not gotten hurt. Well, both I and NYS had 45 days from the date of the hearing to submit a brief explaining our points. Well my attorney got mine in, now the state wants an extension. They had the same 45 days as I did, shouldn't the judge hold them to that? I can't afford to keep an attorney on the payroll. How long does it usually take once everything is in for a judge to determine these things? I have been in limbo since the docs including the IME declared maximum medical improvement, money is super tight and I am getting closer and closer to losing my shirt or declaring bankruptcy. I am just hoping for some good news.
IW..Yeah we hit the state pretty hard at the retirement hearing but now the state wants to submit more info, a supplemental brief. I hope the judge shuts them down because we both had 45 days before the hearing to provide info to be heard. The state had ten pieces of paper, I had a folder 6 inches thick. Just the dictation from my docs (all of them including the IME's findings which were on my side) was 120 pages, not counting incident reports from that night, other instances where this same inmate injured other officers, etc and then at the hearing they had the opportunity to present more and when I testified their cross examination was a joke and even my attorney was stunned at how little the state offered, they didn't dispute my injuries or any of the reports. The only question I was asked concerned if I had any training or if I had prior dealings with this inmate, after that the state rested. So I don't think its fair that they want a second bite of the apple. They had their chance, actually several to provide evidence and I hope the judge sees it that way too.