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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Jones v. New York State & Local Employees Retirement System

Petitioner, a registered nurse, sought ordinary and accidental disability retirement benefits after inhaling noxious fumes at Rome City Hospital. His ordinary disability application was denied as untimely, filed beyond the 90-day post-termination period. The accidental disability claim was also rejected because his prolonged exposure to fumes was not considered a 'sudden, fortuitous mischance' or an accidental injury under Retirement and Social Security Law § 63. The court upheld the respondent's determination, concluding that substantial evidence supported the finding that no accident occurred. Consequently, the petition was dismissed.

Disability RetirementAccidental InjuryTimely FilingCPLR Article 78Noxious FumesOrdinary DisabilityRetirement and Social Security LawRegistered NurseRome City HospitalAlbany County
References
6
Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement Systems

Petitioner, a taxpayer services representative, sustained a back injury in March 1981 while lifting forms, leading to a decline in attendance and eventual termination in November 1989. She applied for accidental and ordinary disability retirement benefits, both of which were denied by the Comptroller. The accidental disability claim was denied because the incident was not deemed an 'accident' under Retirement and Security Law § 63. The ordinary disability claim was denied as untimely, having been filed approximately six months after her termination, exceeding the 90-day limit stipulated by Retirement and Social Security Law § 62. The Supreme Court dismissed the challenge to the ordinary disability denial due to untimeliness and transferred the accidental disability challenge to this Court. This Court confirmed the Comptroller's determination on both counts, rejecting the petitioner's estoppel argument regarding the untimely ordinary disability application and finding substantial evidence to support the finding that the injury did not constitute an 'accident' within the meaning of the relevant law, as it resulted from ordinary employment duties without an unexpected event.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityUntimely ApplicationEstoppel Against GovernmentWork-Related InjuryBack InjuryDefinition of AccidentOrdinary Employment DutiesSubstantial Evidence Review
References
16
Case No. MISSING
Regular Panel Decision

Esposito v. Regan

Petitioner, a police officer from the Nassau County Police Department, sought accidental disability retirement benefits due to back injuries sustained in duty-related accidents in 1979, 1982, and 1985. The respondent denied the application. A Hearing Officer found the incidents were not 'accidents' as defined by Retirement and Social Security Law § 363, and that the petitioner did not prove permanent inability to perform restricted duty. Upon review, the court confirmed the Hearing Officer's findings, concluding that the injuries arose from routine duties rather than unexpected events, thus not qualifying for accidental disability benefits. The determination was confirmed, and the petition dismissed.

Accidental Disability Retirement BenefitsPolice OfficerBack InjuryDuty-Related AccidentRetirement and Social Security LawArticle 78 ProceedingCredibility DeterminationRoutine DutiesUnexpected EventPermanent Disability
References
5
Case No. MISSING
Regular Panel Decision

Penkalski v. McCall

A police officer, the petitioner, filed for accidental disability retirement benefits after injuring his knee in a slip and fall on wet grass while pursuing a suspect. The respondent denied the application, arguing that the incident did not qualify as an "accident" under the Retirement and Social Security Law, considering it an inherent risk of police work. The court upheld the respondent's decision, asserting that an injury is only accidental if it results from an event not ordinarily anticipated within the scope of employment. Given that chasing suspects and encountering various environmental conditions, including wet grass, are inherent to police duties, the slip and fall was deemed an anticipated risk.

Accidental DisabilityRetirement BenefitsPolice OfficerSlip and FallInherent RiskEmployment AccidentCPLR Article 78Appellate DivisionNew York LawPublic Employment
References
4
Case No. MISSING
Regular Panel Decision

Di Guida v. McCall

Petitioner, a food service worker, sought accidental and ordinary disability retirement benefits after being injured in a fall on milk crates while leaving work. Respondent denied the application for accidental disability benefits, finding the petitioner was not "in service" at the time of the injury, a determination upheld by the court based on substantial evidence and the resolution of a credibility issue. The denial of ordinary disability benefits was also affirmed, supported by a physician's report that found no significant neck or shoulder injury or functional disability. Consequently, the determination was confirmed, and the petition dismissed.

accidental disabilityordinary disabilityretirement benefitsfood service workerfall injuryin servicecredibilitymedical examinationfunctional disabilityCPLR article 78
References
2
Case No. MISSING
Regular Panel Decision

Hee Sook Lee v. Regan

This case is a proceeding pursuant to CPLR article 78 to review a determination that denied the petitioner's application for accidental disability retirement benefits. The court found substantial evidence to support the respondent's determination that the petitioner is not permanently disabled. The medical evidence presented conflicting diagnoses, but the court upheld the respondent's right to weigh medical opinions. Decisions of the Workers’ Compensation Board were noted as not binding on the respondent. The determination was confirmed, and the petition dismissed.

Accidental DisabilityRetirement BenefitsMedical EvidenceConflicting DiagnosesPermanent DisabilityAdministrative ReviewJudicial ReviewSubstantial EvidenceWorkers' Compensation Decisions
References
2
Case No. MISSING
Regular Panel Decision

Allen v. McCall

A police officer, the petitioner, sought accidental disability retirement benefits after injuring his shoulder and neck while apprehending a suspect. The petitioner claimed the injury occurred during a struggle while attempting to handcuff the suspect, resulting in a fall. However, reports given to the Workers’ Compensation Board and an orthopedic surgeon stated the injury occurred while lifting a prisoner from the ground. The respondent denied the application, crediting the latter evidence and concluding that lifting a prisoner is a normal duty of a police officer, thus not an 'accident'. The court found substantial evidence to support the respondent’s determination, confirmed the denial, and dismissed the petition.

Police OfficerAccidental Disability RetirementShoulder InjuryNeck InjuryApprehension of SuspectWorkers' Compensation BoardOrthopedic SurgeonNormal DutiesSubstantial Evidence
References
0
Case No. MISSING
Regular Panel Decision

Claim of Deleo v. McCall

Petitioner, a labor foreman for the Town of Hempstead, Nassau County, sought accidental disability retirement benefits after injuring his left knee and back when a truck's running board allegedly dropped. Respondent Comptroller denied the application. A CPLR article 78 proceeding was initiated to review this determination. The Court found substantial evidence supported the Comptroller's decision, citing inconsistencies between the petitioner's testimony about a sagging running board and the workers’ compensation report which indicated a slip without mention of a defect. The Hearing Officer resolved these credibility questions against the petitioner, concluding the incident was due to the petitioner's own misstep and did not constitute an 'accident' under Retirement and Social Security Law § 63. Consequently, the determination was confirmed, and the petition dismissed.

Accidental Disability RetirementCPLR Article 78Comptroller DeterminationCredibility AssessmentWorkers' Compensation ReportLabor ForemanKnee InjuryBack InjuryTruck Running BoardDefinition of Accident
References
2
Case No. MISSING
Regular Panel Decision

McCabe v. Hevesi

Petitioner, a police officer, sought accidental disability retirement benefits after injuring his back and knee while searching a residence for an intruder. He attributed the fall on stairs to a faulty step design, arguing it was disguised by paint or had an unusual riser height. However, the Hearing Officer and respondent determined the incident did not constitute an 'accident' under the Retirement and Social Security Law, as the injury resulted from activities performed during routine duties and his own misstep, rather than a sudden, fortuitous mischance. The court confirmed this determination, finding substantial evidence supported it, and dismissed the petition.

Accidental Disability Retirement BenefitsPolice Officer InjuryRetirement and Social Security LawCPLR Article 78Definition of AccidentRoutine Job DutiesStairway FallCredibility DeterminationSubstantial EvidenceAdministrative Review
References
7
Case No. MISSING
Regular Panel Decision

Nugent v. New York State & Local Employees' Retirement System

A highway general foreman applied for accidental disability retirement benefits due to neck, back, and arm injuries sustained from a co-worker's attack. The Comptroller denied the application, finding no permanent incapacitation. An orthopedic surgeon, Sherwood Greiner, testified for the respondent, stating the petitioner's pain complaints were inconsistent with medical findings and that the petitioner was not permanently incapacitated. Despite conflicting medical testimony, the Comptroller had the authority to favor one expert's opinion. The court confirmed the determination and dismissed the petition, also finding no denial of a fair hearing.

accidental disabilityretirement benefitspermanent incapacitymedical evidenceconflicting testimonyfair hearingCPLR article 78judicial revieworthopedic surgeonhighway general foreman
References
1
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