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Kor37

Judge Rules Against 500 lb Police Officer In Pension Case

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Judge rules against 500-pound police officer in pension case; disability related to obesity

AP

Posted: 2008-01-16 23:11:11

NEW YORK (AP) - A retired 500-pound (225-kilogram) police officer cannot increase his pension check by blaming his disability on an accident, because a medical board had already found it was related to his obesity, a judge said.

 

Paul Soto, 40, had requested a larger retirement pension, claiming that a fall at an apartment while on duty injured his knee and prevented him from full performance as a police officer.

 

The Police Pension Fund medical board rejected the application, and in May 2006 it recommended that he be allowed to retire with an ordinary disability pension, which pays an officer a taxable pension of half his salary. An accidental disability retirement pays a nontaxable pension of three-fourths his salary.

 

The board said Soto had already been found disabled in August 2004 "because he was morbidly obese and had numerous other ailments which made it impossible for him to be a police officer, including high blood pressure and narcolepsy." He also had been placed on limited duty.

 

Soto joined the New York Police Department in August 1993, when he stood 5 feet 7 (170 centimeters) and weighed 250 pounds (115 kilograms).

 

State Supreme Court Justice Judith Gische, noting that Soto now weighs "in excess of 500 pounds," cited the board's remark that Soto "had not performed his full duties as a police officer since 2003." She said in her ruling last month that he had been on restricted duty for his own protection.

 

Soto's lawyer, Philip Seelig, said Wednesday he was disappointed by the judge's decision. He said he had not discussed with Soto whether to appeal.

 

 

Wow!....Thats a LOT of doughnuts!!!... :)

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I'm surprised that NYPD didn't see his massive weight gain and order him to take a physical. Most departments require their officers to run an obstacle course in a certain amount of time. If they can't do it, then they are usually given a time frame in which they have to be able to get into shape in order to complete it.

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In all fairness the article doesn't say when he had his fall or when he began to gain weight or when he originally filed for disability.

 

And a knee injury could limit his ability to walk and/or exercise which would make him gain more weight.

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In all fairness the article doesn't say when he had his fall or when he began to gain weight or when he originally filed for disability.

 

And a knee injury could limit his ability to walk and/or exercise which would make him gain more weight.

When he initially got the job, he was 5'7" and 250 lbs. That in itself should have been an indicator that he had to potential of getting bigger.

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In all fairness the article doesn't say when he had his fall or when he began to gain weight or when he originally filed for disability.

 

And a knee injury could limit his ability to walk and/or exercise which would make him gain more weight.

When he initially got the job, he was 5'7" and 250 lbs. That in itself should have been an indicator that he had to potential of getting bigger.

 

 

 

Agreed. I'm almost beginning to think that he should get his pension because the HR dept. at the p.d. should be penalized for not catching that. I mean, c'mon I just got hired as a policeman and i had to answer about a speeding ticket i got some years back. Imo, this guys weight shouldn't have been ignored and he should get the pension especially if he served faithfully and did his best.

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Imo, this guys weight shouldn't have been ignored and he should get the pension especially if he served faithfully and did his best.

 

According to the article, he IS getting a pension check. What he wants is an increase in the amount he is getting.

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Imo, this guys weight shouldn't have been ignored and he should get the pension especially if he served faithfully and did his best.

 

According to the article, he IS getting a pension check. What he wants is an increase in the amount he is getting.

And I'm sure that every retiree, including those on disability retirement, would love to get an increase in their pensions. Many don't even get COLA's (Cost Of Living Adjustments, for those who don't know). My union has been trying for years to get COLA's for our retirees, but were unsuccessful.

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Imo, this guys weight shouldn't have been ignored and he should get the pension especially if he served faithfully and did his best.

 

According to the article, he IS getting a pension check. What he wants is an increase in the amount he is getting.

 

 

 

My apologies, thats what i meant to type. He should get the increase imo. :)

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