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The petitioner, a food service worker at Harlem Valley Psychiatric Center, sought accidental disability retirement benefits after falling due to tripping on a movable dish cart lid. The respondent denied the application, finding the incident was not an 'accident' within the meaning of Retirement and Social Security Law § 63. The court affirmed this determination, concluding the fall resulted from the petitioner's misstep rather than a sudden, fortuitous, or unexpected event, as the petitioner was aware of the cart occasionally being left with its lid open. Consequently, the petition for review was dismissed.
Dexter v. McCall is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The petitioner, a food service worker at Harlem Valley Psychiatric Center, sought accidental disability retirement benefits after falling due to tripping on a movable dish cart lid. The respondent denied the application, finding the incident was not an 'accident' within the meaning of Retirement and Social Security Law § 63. The court affirmed this determination, concluding the fall resulted from the petitioner's misstep rather than a sudden, fortuitous, or unexpected event, as the petitioner was aware of the cart occasionally being left with its lid open. Consequently, the petition for review was dismissed.
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