Matter of Hogg v. Kelly

In Matter of Hogg v. Kelly (93 AD3d 507 [1st Dept 2012]) the Appellate Division, First Department ruled that evidence that the petitioner's ischemic stroke was "associated with" congenital heart defects was sufficient to rebut the statutory presumption of the Heart/Stroke Bill. In addition, the Appellate Division pointed to the opinion of the petitioner's treating vascular neurologist, who opined instead that the stroke was of unknown origin. The Appellate Division, First Department stated, "A finding of unknown origin itself rebuts the statutory presumption that the disabling condition was incurred in the line of duty." (Matter of Hogg, 93 AD3d at 508).