New Examination Ordered after Judge Questions Department’s Relationship with Doctor

In┬áHealy, a firefighter injured his ankle and was referred, by the FDNY, to Dr. Dalavagas. Upon the denial of his disability pension, which was mostly reliant on the opinion of Dr. Dalavagas, the firefighter brought an Article 78 proceeding petitioning the State to order the Fire Department to reevaluate his application for a disability pension.┬áThe Honorable Bernadette Bayne, following a lengthy debate regarding the Fire Department’ss usage of the same handful of independent consultants and the consistency with which their opinions contradict those of multiple outside specialists and FDNY doctors, issued a bench decision sending the case to back to the Fire Department for a more appropriate review, which is to include an outside consultant other than Dr. Dalavagas. Dr. Dalavagas is a consistently used independent consultant. During the oral arguments it was noted that this law firm, Jeffrey L. Goldberg, P.C., has requested information, under the Freedom of Information Law, regarding the FDNY’s financial relationship with and the determinations of the independent medical consultants but has been ignored and mislead.