In this action the Appellate Division was asked to review a determination of the New York State Comptroller denying Petitioner's application for accidental disability retirement benefits.
Petitioner, a police officer, [Petitioner] applied for accidental disability retirement benefits, alleging that he was permanently incapacitated as the result of having fallen while inspecting equipment at the Employer's facility where he worked. The New York State and Local Police and Fire Retirement System denied the application upon the ground that the incident did not constitute an accident within the meaning of Retirement and Social Security Law §363.
In this action the Appellate Division is asked to review a determination of New York State Comptroller denying Petitioner's application for accidental disability retirement benefits.
The Appellate Division affirmed the findings of the Retirement System and the Comptroller, observing "As the applicant, Petitioner bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, and [the Comptroller's] determination in this regard will be upheld if supported by substantial evidence".
Citing Matter of Yurko v DiNapoli, 122 AD3d 1047, and granting deference to the Comptroller's credibility determinations and given inconsistencies in Petitioner's testimony as to what he was doing at the time he fell and regarding the nature of the substance he claims caused his fall, the Appellate Division opined "substantial evidence supports the Comptroller's determination that Petitioner's injuries occurred in the ordinary course of his employment duties and that he failed to establish that his injury was the result of an accident, rather than his own misstep".
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