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Petitioner, a police officer for the Suffolk County Police Department, sought accidental disability retirement benefits following three separate incidents in 1990 and 1998 that allegedly caused disabling back injuries. Respondent Comptroller denied the application. The Comptroller found that the February 2, 1990 and March 30, 1998 incidents (slipping on wet grass, slipping on stairs at police headquarters) did not constitute accidents under Retirement and Social Security Law § 363, as they occurred during ordinary employment duties without an unexpected event. For the March 29, 1998 incident, the Comptroller concluded that petitioner failed to provide timely notice to his employer as required by Retirement and Social Security Law § 363 (c) and Workers’ Compensation Law § 18. This CPLR article 78 proceeding ensued, with the court confirming the Comptroller's determination and dismissing the petition.
McGerald v. DiNapoli 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
Petitioner, a police officer for the Suffolk County Police Department, sought accidental disability retirement benefits following three separate incidents in 1990 and 1998 that allegedly caused disabling back injuries. Respondent Comptroller denied the application. The Comptroller found that the February 2, 1990 and March 30, 1998 incidents (slipping on wet grass, slipping on stairs at police headquarters) did not constitute accidents under Retirement and Social Security Law § 363, as they occurred during ordinary employment duties without an unexpected event. For the March 29, 1998 incident, the Comptroller concluded that petitioner failed to provide timely notice to his employer as required by Retirement and Social Security Law § 363 (c) and Workers’ Compensation Law § 18. This CPLR article 78 proceeding ensued, with the court confirming the Comptroller's determination and dismissing the petition.
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