A New York appellate court has ruled in favor of a firefighter seeking disability retirement benefits due to health issues stemming from his work at the World Trade Center site following the September 11, 2001, attacks. The decision affects first responders who may face similar challenges in obtaining disability benefits for conditions related to their service.
The case, Matter of Smiley v. Whinnery (Docket No. 2022-02323), centers on Gary Smiley, a paramedic with the New York City Fire Department (FDNY). Smiley applied for performance of duty disability retirement in 2013, citing various health issues he developed after responding to the World Trade Center disaster. His application was initially denied, leading to a lengthy legal battle.
Background
Gary Smiley, a paramedic, was among the first responders at the World Trade Center site after the 9/11 attacks. He applied for disability retirement in 2013, claiming he suffered from multiple health conditions, including asthma, chronic sinusitis, post-traumatic stress disorder (PTSD), and gastroesophageal reflux disease (GERD). In 2014, the Medical Board of the New York City Employees' Retirement System (NYCERS) denied his application, stating that his conditions did not prevent him from performing his duties.
After several appeals and remands, the Medical Board eventually acknowledged Smiley's PTSD and depression as disabilities but maintained that his physical conditions did not impair his ability to work as a paramedic. Smiley argued that this determination was unfair, as it limited his access to additional benefits under the September 11th Victim Compensation Fund (VCF), which does not cover psychological conditions.
The Ruling
The Appellate Division of the Supreme Court of the State of New York ruled on June 24, 2026, that the previous determination by the Board of Trustees, which denied Smiley's application based on physical disability, was arbitrary and capricious. The court stated, "the Medical Board's determination that the petitioner's sinusitis was not severe enough to physically disable him from performing the duties of an FDNY paramedic was arbitrary and capricious, as it was not supported by credible evidence."
The court, led by Justice Valerie Brathwaite Nelson and joined by Justices Helen Voutsinas, Janice A. Taylor, and Donna-Marie E. Golia, modified the lower court's ruling by denying Smiley's request for attorneys' fees. The judges agreed that while the Board of Trustees' decision should be annulled, the award of attorneys' fees was not justified under the circumstances.
Impact
This ruling has significant implications for first responders seeking disability retirement benefits. The court's decision reinforces the notion that health conditions related to 9/11 can be grounds for disability retirement, particularly when there is substantial medical evidence supporting the claim. The ruling also clarifies that the burden of proof lies with the pension fund to disprove claims rather than on the applicant to prove their case.
First responders who have developed health issues after working at the World Trade Center may find this ruling encouraging, as it sets a precedent for future claims. The decision highlights the importance of considering all relevant medical evidence when determining eligibility for disability retirement benefits.
What's Next
While the ruling in Smiley's case cannot be appealed further in this context, it may influence other pending cases involving first responders and their claims for disability retirement benefits. The ongoing dialogue about the health impacts of 9/11 on first responders continues, and additional cases may emerge as more individuals seek justice for their conditions.