New York Public Personnel Law: Imprudent action bars accidental disability benefit

June 17, 2011

Imprudent action bars accidental disability benefit

Sullivan-Dorsey v NYC Police Pension Fund, 288 AD2d 131

The Board of Trustees of the New York City Police Pension Fund rejected the application for accidental disability benefits filed by Laura Sullivan-Dorsey, a New York City police officer. Sullivan-Dorsey appealed, contending that she was injured in the line of duty. She claimed that she was entitled to such disability benefits as a result of her falling from a building ledge while at work.

According to the decision, Sullivan-Dorsey was injured when she fell from a second-story window ledge while attempting to gain access to an adjoining office at the Queens Narcotic District Office.

Sustaining the Board's decision denying her application for accidental disability benefits, the Appellate Division said that Sullivan-Dorsey's injury was not the result of an “accident” within the meaning of City of New York Administrative Code Section 13-252 ... but of her own conscious and highly imprudent decision to attempt to gain entry to an office by means of a window ledge.

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