In Matter of Samadjopoulos v. New York City Employees' Retirement Sys. (104 AD3d 551, 553, 961 N.Y.S.2d 410 [1st Dept 2013]), the petitioner, who had a "previously established disability," sought to have it reclassified to include his WTC-related conditions (Id.).
"The evidence showed that petitioner developed disabling asthma, respiratory airway dysfunction, and gastroesophageal disease (GERD) in the wake of his WTC exposure, all of which are defined as WTC 'qualifying physical conditions'." Id. at 552.
The Court found that the Medical Board ignored medical evidence and that it "utterly failed to rebut the presumption that petitioner's qualifying conditions were not caused by hazards encountered at the WTC site." Id.
The Court noted that respondents had attempted to circumvent the intent of the WTC statute and that petitioner was "entitled to have his previously established disability reclassified to include his WTC-related conditions" (Id. at 553).