JOHNSON v. WING (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Davis JOHNSON, Petitioner, v. Brian J. WING, Acting Commissioner of New York State Department of Social Services, Respondent.

Decided: March 14, 1997

Before GREEN, J.P., and LAWTON, DOERR, BALIO and FALLON, JJ.

Neighborhood Legal Service by William Mastroleo, Buffalo, for Petitioner. Dennis C. Vacco (Aida P. Reyes, of counsel), Buffalo, for Respondent.

Petitioner is a 49-year-old man who is completely wheelchair dependent. Petitioner established that the elevation of his legs and his frequent repositioning in his wheelchair are medically necessary to promote his circulation and prevent further incidents of decubitus. The tilt in space and elevating leg rests features of the wheelchair requested by petitioner allow petitioner to achieve the proper elevation of his legs and promote optimal circulation. Although petitioner has personal care aides assigned to assist him with the tasks of daily living who can perform those functions, the evidence is uncontroverted that petitioner is frequently left for prolonged periods of time without the services of a care aide. Thus, respondent's determination that the wheelchair with the tilt in space and elevating leg rest features is not medically necessary is not supported by substantial evidence (see, Matter of Gartz v. Wing, 236 A.D.2d 890, 654 N.Y.S.2d 702 [1997]; Matter of Dobson v. Perales, 175 A.D.2d 628, 572 N.Y.S.2d 562).

Determination unanimously annulled on the law without costs and petition granted.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network