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Matter of Sigmon v. O'Neill

Board's Denial of ADR Benefits Based on Treatment Gap Vacated, Annulled

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DECISION, ORDER & JUDGMENT

*1  The petition to annul respondents’ determination denying petitioner Accident Disability Retirement (“ADR”) is granted. BackgroundThis proceeding arises out of petitioner’s employment as a police officer. On October 26, 2011, petitioner hurt his lower back and right shoulder while trying to arrest a suspect. Petitioner was out of work after this incident for 30 days and then worked on light duty for 30 days before returning to work full time. Petitioner claims that although he was working full time, he continued to experience discomfort. Petitioner alleges that he did not seek treatment because he assumed the pain would subside. Petitioner contends that he was able to manage his back pain because he was transferred to sedentary, office jobs that did not require physical exertion and he took over-the-counter medications. However, on September 2, 2013, petitioner was assigned to work the West Indian Day Parade — a task that required

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