A state appeals court sided with the union and ruled that Emergency Medical Service workers are entitled to medical review when the retirement system rejects their requests for three-quarter pay disability pensions.

The New York State Appellate Division decision upheld an earlier State Supreme Court ruling, which favored the union. The appeals court shot down the New York City Employees Retirement System’s attempt to deny, reverse and reduce the pensions of union members injured in the line of duty.

“We put our lives at risk every day we put our uniform on,” said Donald Rothschild, president of Uniformed EMS Officers Local 3621. “Now members can have peace of mind, knowing that their families will be provided for.”

“Members can now appeal an adverse decision on a disability pension application. We have seen many of our injured brothers and sisters forced off the payroll and practically into poverty,” said Patrick Banhken, president of Uniformed EMTs and Paramedics Local 2507. “This decision gives them justice.”

Inconsistencies arose as some claims were approved with no problem and others were rejected. A year after approving several claims for the three-fourths-pay disability pensions, NYCERS reversed its position and notified former EMS workers that their pensions were denied, their benefit would be cut from 75 percent to 33 percent, and they had to repay the difference.

“It’s ironic that NYCERS agreed to grant the disability pensions and then, a year later, out of the clear blue changed its mind and issued these letters,” said Mr. Rothschild. He and Mr. Bahnken believed NYCERS misinterpreted the law. They contacted DC 37 and the union filed the lawsuit.

NYCERS position is since the three-quarter pay disability pension became law before the medical review law took effect, the newer law, which allowed medical review, was inapplicable.

But the union — and the courts — maintained when the medical review law was amended, that amendment also applied to the procedures for applicants for 3/4 disability. The union fought to guarantee the basic right of medical review for those whose three-fourths pay pension applications have been declined by NYCERS.

“We protected the rights of the most vulnerable employees — those disabled on the job— and we reaffirmed the authority of the medical review board to hear these cases,” said DC 37 lawyer Mary O’Connell.