The Petitioner's application for accidental disability retirement was initially denied on the basis that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law. Following a hearing, a Hearing Officer upheld the denial upon the same basis, and, upon further administrative review, the Retirement System affirmed the administrative rulings.
Petitioner initiated a CPLR Article 78 proceeding challenging the Retirement System's decisions.
The Appellate Division sustained the Retirement System's administrative decisions finding that substantial evidence supported the System's conclusion that Petitioner failed to demonstrate that he contracted COVID-19 during the performance of his work duties and, further, interacting with potentially contagious individuals was a risk inherent in the performance of those duties.
The Court's decision notes Petitioner testified that he worked as an officer assigned to the patrol division and that, in that capacity, his duties required him to respond to emergency calls and directly engage with members of the public and interact with his coworkers.
Concluding that there was no basis to disturb the Retirement System's administrative determinations denying Petitioner's application for accidental disability retirement benefits, the Appellate Division dismissed Petitioner's appeal.
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