Injured Former White Plains Firefighter Seeks Full Retirement Pay
A former White Plains firefighter is battling with city government to receive full pay he feels entitled to after twice being injured on the job and having been forced to have cervical spinal cord surgery that was ineffective.
John Sestito is receiving workman’s compensation, but is not receiving the full retirement pay he feels he is entitled to under the 207-a disability retirement benefits program, he said last week.
Mrs. Sestito came to the Citizens to be Heard portion of the May 6 White Plains Common Council meeting to discuss her family’s plight. She said in an interview last week she has decided to “go public” because Mayor Tom Roach has declined to speak with her.
Sestito twisted his ankle while exiting a firetruck that was responding to an emergency call on Nov. 23, 2010. He was again injured on May 22, 2011 while exiting a firetruck responding to a call. Sestito recalled last week he fell and injured his neck and upper body during his second accident.
Sestito applied for accidental disability retirement benefits and performance of duty disability retirement benefits for both incidents, but both applications were denied.
As noted on the JUSTIA US Law Web site with regard to the 2011 accident, the state and White Plains retirement systems conceded that Sestito was permanently incapacitated, but it was declared to be accidental. As a result of the ruling, Sestito was granted performance of duty disability retirement benefits only.
As stated in the court decision on the JUSIA Web site, the city’s medical examiner determined that Sestito could return to light duty and there would be a medium to moderate chance Sestito would be able to do his full firefighter duties if he underwent spinal fusion surgery.
The decision also indicated that Fire Chief Richard Lyman sent a letter to Sestito ordering him to return to work on Oct. 1, 2014 to assume a light duty position or risk losing his benefits. A second letter sent by the fire chief awarded Sestito 207-a benefits for the period from May 22, 2011, to Oct. 1, 2014. It also directed Sestito to schedule the fusion surgery. Sestito did not return to work on Oct. 1, 2014, and did not undergo surgery and he challenged the return to work order.
After a hearing to address whether the 2010 incident was an accident, Sestito was denied accidental disability retirement benefits. Sestito filed an Article 78 law suit in 2018 against state Comptroller Thomas DiNapoli but lost in the Appellate Division of state Supreme Court.
Mr. Sestito said last week the surgery was not successful and he has been told by a doctor that he will need three subsequent spinal fusion surgeries. Bone tissue from a hip graft will be used in the upcoming surgeries to stabilize his spine by replacing three discs, Mr. Sestito said.
Mr. and Mrs. Sestito said they have experienced great difficulties as a result of the accidents and the surgery and he can no longer work.
Mrs. Sestito said, “I have not been working, to take care of my disabled husband. I had concerns about leaving him alone.” Until Sestito received workman’s compensation the couple was forced to live off their savings, she said.
Mr. Sestito said his workman’s compensation was not equal to what he could obtain from the city for full retirement benefits. He said he did not know in percentage terms how much less he was receiving. “White Plains should be paying its fair share,” he said. “They ordered the cervical spinal fusion surgery under 207-a. It has failed and they should be paying through 207-a.”
Mrs. Sestito said the workman’s compensation could also be taken away from his husband by the city. Later this month her husband will undertake his second independent medical examination to determine if he can keep his workman’s compensation, as the benefits are classified as temporary.
Mrs. Sestito said her husband’s struggles have been devastating for her. She experienced PTSD-like symptoms after witnessing her husband have a TIA, and the stress is so severe she is having difficulty becoming pregnant.
Mr. Sestito said his attorney, Warren Roth, is seeking to come to an agreement without going to court.
Roth said his client is right in seeking the pay he would receive through the 270-a program. His client’s “medical situation” was caused by the order from Lyman to undergo the first surgery, Roth said.
In response to a request for an interview with Lyman, The Examiner was told to seek comment from the mayor’s office.
Messages left for the mayor were not returned.
Roach told Mrs. Sestito at the May 6 Common Council meeting he could not discuss her husband’s situation because it was in litigation.
In a recent update, Mr. and Mrs. Sestito say they have received returned FOIL requests from the city Law Department stating that the office is not in possession of any of the requested documents.
