ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

December 18, 2024

Retirement System denies petitioner's application accidental disability retirement benefits after determining that the incident was not an "accident" within the meaning of the New York State Retirement and Social Security Law

In this appeal the Court of Appeals sustained the judgment of the Appellate Division holding that "Substantial evidence supports the [New York State and Local Employees' Retirement System's (NYSLERS)] determination" that the applicant for accidental disability retirement [ADR] benefits. The court further noted that New York State case law "makes clear, an incident caused by 'a risk inherent in the petitioner's regular [job] duties' is not an accident for purposes of ADR benefits".

Petitioner, a former police officer, was injured when, on routine patrol. Petitioner testified that the hole had been dug for a sewer line on the property involved and that he knew at the time that the house was under construction. The Retirement System had denied Petitioner's application for ADR on the ground that the incident was not an "accident" within the meaning of Retirement and Social Security Law §363 because it "resulted from a risk inherent in petitioner's job".

In the words of the Court of Appeals, "in determining whether an accident occurred, [NYSLRS] considered the duties of Petitioner's particular employment", and whether the incident was caused by "an inherent risk of [those] regular duties".

On this record the Court of Appeals said it concluded that NYSLRS "reasonabl[y] and plausibl[y]" determined that Petitioner's risk of being injured by an unseen hazard while investigating a potential crime in the dark "was inherent in his ordinary job duties" and affirmed the Appellate Division's judgment sustaining NYSLRS' determination.

Click HERE to access the Court of Appeals' decision posted on the Internet.


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com