Petitioner filed an application for accidental disability retirement benefits alleging that he was permanently disabled due to posttraumatic stress disorder and injuries to his back and left knee as the result of the suspect's discharge of a firearm in Petitioner's direction and Petitioner's injury as a result of his attempting to scale a fence in the process of apprehending the suspect.
The New York State and Local Police and Fire Retirement System denied Petitioner's application, finding that the incidens giving rise to his application for accidental disability retirement benefits did not constitute an accident within the meaning of Retirement and Social Security Law [RSSL] §363. Following a hearing, the Comptroller adopted the Hearing Officer's decision, and this CPLR Article 78 proceeding ensued.
The Appellate Division, citing Matter of Kelly v DiNapoli, 30 NY3d 674, sustained the Comptroller's decision, noting, as is relevant here, it is well established that an injury which occurs in the course of an activity undertaken in the performance of the ordinary employment duties of a police officer is not an accidental injury within the meaning of RSSL §363.
The court opined that the neither the suspect's discharge of a firearm in Petitioner's direction nor Petitioner's injury resulting from his attempt to scale a fence in the process of apprehending a suspect were the result of an accident within the meaning of RSSL §363. Rather, said the Appellate Division, Comptroller's determination is supported by substantial evidence the injuries suffered by Petitioner resulted from an inherent risk in Petitioner performing his duties as a police officer.
* See Matter of Grall v DiNapoli, 196 AD3d 962.
Click HERE to access the decision of the Appellate Division posted on the Internet.