Determining if an incident qualifies as an accident for the purposes determining eligibility for accidental disability retirement benefits
 An applicant for accidental disability retirement benefits has the burden of establishing that the event producing the injury was an accident; and
 The Comptroller's decision denying the application for accidental disability retirement benefits will be upheld where it is supported by substantial evidence.
Here, however, the Appellate Division found that the Comptroller’s determination that the incident was not an accident for the purposes of eligibility for accidental disability retirement benefits was not supported by substantial evidence in the record before it.
In contrast, the Comptroller, in reversing the Hearing Officer’s determination, relied upon the job description for Sica’s position, which indicated that he was required to respond to medical emergencies and to be exposed to hazardous conditions such as fumes and toxic materials.
Clearly the mischief in merely considering the job description is that emergency personnel will be rendered ineligible for accidental disability retirement in any rescue situation, without regard to how exigent, unexpected or unforeseeable the circumstances of their injury may be. This, said the court, “cannot have been the Legislature's intent in establishing the accidental disability retirement program for rescue workers.”