Provingthat a work-connected injury suffered as the result of an unexpected orunforeseeable event is critical to the approval of an application foraccidental disability retirement benefits
Suppa v DiNapoli, 2012 NY Slip Op 08622, Appellate Division, ThirdDepartment
FrankJ. Suppa, a police detective, suffered a back and knee injury when, in thecourse of his conducting a surveillance of a suspect, stones on the retainingwall on which he was standing shifted causing him to fall.
Contending that he was permanently disabled from performing his duties as a detective as the result of his fall, Suppa filed an application with the New York Employees' Retirement System for accidental disability retirement benefits and, in the alternative, an application for performance of duty disability retirement benefits.
TheRetirement System found that Suppa was permanently disabled from performing hisduties as a police detective as a result of his injuries and his application for performance of duty retirement benefits was approved.
Asto Suppa’s application for accidental disability retirement benefits, theSystem denied that application, ruling that the incident leading to hisdisability “did not constitute an accident within the meaning of the Retirementand Social Security Law.”
TheAppellate Division agreed, noting that the applicant ”bears the burden of proving thathis [or her] injury was accidental” and the Retirement System’s determination to thecontrary will be sustained “if supported by substantial evidence."
Anaccident within the meaning of the Retirement and Social Security Law,explained the court, is "a sudden, fortuitous mischance which isunexpected and out of the ordinary.”
Further,said the Appellate Division, "an incident does not qualify as an accidentjustifying the award of accidental disability retirement benefits where theinjury results from an expected or foreseeable event arising during theperformance of routine employment duties."
Suppahad testified that he was performing a routine job duty when he was injured andthat he was aware that the stone wall that he climbed upon was made up of"large loose boulders" that were merely piled on top of each other,without anything holding the boulders together.
Underthese circumstances, said the court, the possibility that one of the boulderswould come loose under Suppa's weight as he was standing on it was aforeseeable event.
Accordingly, substantial evidence supported System's determinationthat the incident did not constitute an accident within the meaning of theRetirement and Social Security Law.
Thedecision is posted on the Internet at:
====================================
General Municipal Law§§ 207-a and 207-c- a 1098 page e-book focusing on administering General Municipal Law Sections207-a/207-c and providing benefits thereunder and other disability retirementissues is available from the Public Employment Law Press. Click on http://section207.blogspot.com/ foradditional information about this electronic reference manual.
====================================
Hiç yorum yok:
Yorum Gönder