315-pound retired cop is suing the NYPD for $10 million, saying it unfairly blamed his heart condition on his weight, not stress of the job, thus reducing his pension
Thomas Cantore says Police Pension Fund only rewards cops with powerful pals
Comments (19)By Mark Morales AND Daniel Beekman / NEW YORK DAILY NEWS
Published: Wednesday, November 13, 2013, 10:19 PM
Updated: Thursday, November 14, 2013, 5:39 AM
Dan Farrell
Retired cop Thomas Cantore says even though his poundage differs significantly from that of jockey Jose Santos (above), he still deserves a weighty pension.
A retired cop is hitting the NYPD with a big, fat $10 million lawsuit.
Thomas Cantore, whose 315 pounds hang on a 6-foot-2-inch frame, claims his bosses cheated him out of the pension he deserved by blaming his heart condition on his weight.
The former lieutenant contends he weighed 295 when he joined the force and only 20 pounds more 18 years later, in 2008, when he was labeled obese and got a skinnier pension.
In a complaint filed Wednesday, Cantore insists the Police Pension Fund denied him the better benefit because it only rewards cops with powerful pals.
“It is more about who you know than what condition you are suffering from,” the Manhattan federal court suit states, calling the fund a “politically corrupt institution.”
“You can receive a favorable pension award with a sprained pinky,” Cantore said, “while others who are targeted by the department ... although eligible for the benefit will be DENIED!”
The 51-year-old Cantore claims he should be pulling 75% of the salary he had when he retired in 2008 under a special state law, the “Heart Bill,” which grants cops and firefighters the presumption that their heart impairments are job-related.
Instead, the NYPD vet from Staten Island is receiving just 50% of his onetime salary because the fund attributed his health problem to obesity.
Court papers show that fund doctors first concluded Cantore suffered from obesity and later diagnosed him with hypertension, sleep apnea and diabetes rather than underlying heart disease. The state judge who tossed his case said Cantore got the objective hearing and review to which he was entitled.
Cantore says his weight didn’t stop his bosses from promoting him twice over the years.
His complaint names the NYPD, the fund and the city, along with Police Commissioner and fund chairman Raymond Kelly. City lawyers said they were reviewing the suit Wednesday night.
“All disability claims go before the medical board and are reviewed on a case-by-case basis,” NYPD spokesman John McCarthy said in a statement. “Due to pending litigation, we will not comment on the specifics of the case.”
The suit states that Cantore has a “70% unstentable blockage” that affects his right ventricle and that he was deprived of “a fair and impartial review” when he applied for his pension benefit.
It also alleges the NYPD subjected him to a “campaign of harassment” by requesting that he voluntarily return to duty, despite the heart condition.
The suit notes that the portly police officer filed a petition in state court to resolve the issue but had his case dismissed. Cantore then had an appeal dismissed on a technicality, his complaint states.
He wants $10 million in damages and the better pension, along with retroactive payments and interest.
Cantore’s lawyer did not immediately return a request for comment.
dbeekman@nydailynews.com
Thomas Cantore, whose 315 pounds hang on a 6-foot-2-inch frame, claims his bosses cheated him out of the pension he deserved by blaming his heart condition on his weight.
The former lieutenant contends he weighed 295 when he joined the force and only 20 pounds more 18 years later, in 2008, when he was labeled obese and got a skinnier pension.
In a complaint filed Wednesday, Cantore insists the Police Pension Fund denied him the better benefit because it only rewards cops with powerful pals.
“It is more about who you know than what condition you are suffering from,” the Manhattan federal court suit states, calling the fund a “politically corrupt institution.”
“You can receive a favorable pension award with a sprained pinky,” Cantore said, “while others who are targeted by the department ... although eligible for the benefit will be DENIED!”
Instead, the NYPD vet from Staten Island is receiving just 50% of his onetime salary because the fund attributed his health problem to obesity.
Court papers show that fund doctors first concluded Cantore suffered from obesity and later diagnosed him with hypertension, sleep apnea and diabetes rather than underlying heart disease. The state judge who tossed his case said Cantore got the objective hearing and review to which he was entitled.
Cantore says his weight didn’t stop his bosses from promoting him twice over the years.
His complaint names the NYPD, the fund and the city, along with Police Commissioner and fund chairman Raymond Kelly. City lawyers said they were reviewing the suit Wednesday night.
“All disability claims go before the medical board and are reviewed on a case-by-case basis,” NYPD spokesman John McCarthy said in a statement. “Due to pending litigation, we will not comment on the specifics of the case.”
The suit states that Cantore has a “70% unstentable blockage” that affects his right ventricle and that he was deprived of “a fair and impartial review” when he applied for his pension benefit.
It also alleges the NYPD subjected him to a “campaign of harassment” by requesting that he voluntarily return to duty, despite the heart condition.
The suit notes that the portly police officer filed a petition in state court to resolve the issue but had his case dismissed. Cantore then had an appeal dismissed on a technicality, his complaint states.
He wants $10 million in damages and the better pension, along with retroactive payments and interest.
Cantore’s lawyer did not immediately return a request for comment.
dbeekman@nydailynews.com
Read more: http://www.nydailynews.com/new-york/heavyweight-retired-sues-nypd-article-1.1516336#ixzz2kejE8fzl
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