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

April 03, 2025

Applying for accidental disability retirement benefits

 The Petitioner, a police officer, applied for accidental disability retirement benefits. His application was denied by the New York State Employees' Retirement System. Following a hearing, a Hearing Officer sustained the System's denial of Petitioner's application, finding that the underlying incident and injuries sustained by Petitioner arose from risks inherent in the performance of his duties as a police officer and, thus, did not constitute an accident for purposes of accidental disability retirement. 

The Executive Deputy Comptroller adopted the Hearing Officer's decision and Petitioner initiated a CPLR Article 78 proceeding challenging the Executive Deputy Comptroller's decision. The Appellate Division affirmed the Executive Deputy Comptroller's determination, opining:

1. As the applicant, Petitioner bore the burden of establishing that his disability was the result of an accident within the meaning of the Retirement and Social Security Law;

2. The Executive Deputy Commissioner's determination that Petioner's disability was not the result of an accident will be upheld if supported by substantial evidence in the record as a whole;

3. An event which is a risk inherent in the work performed is not an accident for purposes of [accidental disability retirement] benefits"; and, 

4. An event that is not a risk inherent in one's job must be a sudden, unexpected occurrence in order to amount to an accident.

 As the Court of Appeals explained, "a precipitating event that could or should have reasonably been anticipated by a person in [petitioner's] circumstances is not an accident for purposes of [accidental disability retirement] benefits". Thus, "an injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties, considered in view of the particular employment in question, is not an accidental injury".*

Consequently, "where the injury-causing event constitutes a risk inherent in a police officer's duties, it is not unexpected and, thus, not an accident" Petitioner's application was denied upon a finding that the incident did not constitute an accident within the meaning of Retirement and Social Security Law §363. 

* See 2024 NY Slip Op 06234

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





NYPPL Publisher 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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case 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.
New York Public Personnel Law. Email: publications@nycap.rr.com