Retirement System denies petitioner's application for 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.

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