New York Public Personnel Law: Accidental Disability Retirement Benefits not available to employee suffering an injury while acting within the scope of his ordinary employment duties

March 20, 2025

Accidental Disability Retirement Benefits not available to employee suffering an injury while acting within the scope of his ordinary employment duties

The Appellate Division held the determination of the Board of Trustees of the Police Pension Fund [Respondent] denying Petitioner's application for Accidental Disability Retirement Benefits [ADR] was supported by credible evidence that Petitioner was injured when he slipped on ice cubes while getting into a police vehicle after responding to a 911 call.

Citing Matter of Compagnone v DiNapoli, 2024 NY Slip Op 06235, the Appellate Division found that Respondent appropriately considered whether Petitioner was acting within the scope of his ordinary employment duties and whether the incident was an inherent risk of those regular duties, and opined that "It is an inherent risk of [Petitioner's] regular job duties to encounter debris on the sidewalk and roadway while responding to a 911 call.

Click HERE to access the Appellate Division's decision posted on the Internet.

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