The following excerpt is from DePoalo v. County of Schenectady, 626 N.Y.S.2d 737, 650 N.E.2d 395, 85 N.Y.2d 527 (N.Y. 1995):
Petitioners argue that once they have presented prima facie evidence via a personal physician's report that their injury or illness is causally connected to the performance of their duties, they are automatically entitled to benefits. However, the statute does not provide for automatic entitlement. Petitioners would have the municipality initially accept as valid every application for benefits and afterwards go back and determine whether or not the claim is legitimate. Such a practice would unduly burden the administration of such benefits, in some instances causing duplication of tasks. Petitioners' construction would open the floodgates to the unscrupulous who would usurp the statute's intention, potentially wasting municipal resources. As the statute makes no provision for recoupment of benefits paid on fraudulent claims, it would appear proper for the municipality to determine first if the claim is legitimate and then if necessary provide back pay for benefits lost or restoration of leave credits improperly used (Matter of Crawford v. Sheriff's Dept., 152 A.D.2d 382, 386-387, 548 N.Y.S.2d 734, lv. denied 76 N.Y.2d 704, 559 N.Y.S.2d 984, 559 N.E.2d 678).
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