Petitioner's application for accidental disability retirement [ADR] benefits based on her alleged exposure Covid 19 at the worksite denied

A New York State Supreme Court Judge denied Plaintiff's petition seeking to annul the New York City Medical Board and the Trustees of the New York City Police Pension Fund [Respondents] determination's, denying Plaintiff's application for accidental disability retirement [ADR] benefits based on her alleged exposure to Covid 19 and dismissed the proceeding brought pursuant to CPLR Article 78.

Plaintiff appealed the Supreme Court's ruling. The Appellate Division affirmed the Supreme Court's decision.

Noting that Petitioner's contracted COVID-19 10 months after then-Governor Andrew Cuomo first declared an emergency and after millions of people tested positive, the Appellate Division concluded that Plaintiff had not suffered an "accident," as it was not unexpected given the widespread circulation of the virus. In the words of the Court, "... Petitioner's] job required contact with others who may have been exposed, exposure to COVID-19 [which] was part of a known and ordinary risk of her job at that time".

Holding that Supreme Court "... properly concluded that [Petitioner] did not sustain her burden of showing that the Trustees' determination to deny her application for ADR benefits was arbitrary and capricious or unlawful as a matter of law", as Petitioner "failed to demonstrate that her exposure to COVID-19 was service-related". Further, the Appellate Division explained that it was rational for the Trustees to find that Petitioner, having worked with a colleague who tested positive for COVID-19 six days after Petitioner did, failed to demonstrate that Petitioner's illness was caused by exposure to that person. 

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