Matter of John Welsh v New York State Comptroller

Petitioner commenced this Article 78 appeal to review a determination of respondent Comptroller denying petitioner’s application for accidental disability retirement benefits. Petitioner, a Suffolk County police officer, was injured by an emotionally disturbed man whom he was escorting to a hospital psych ward. Following the attack, petitioner applied for accidental disability retirement benefits was denied and was denied. He then requested a hearing which resulted in the Hearing Officer recommended the claim be denied on the grounds that petitioner did not sustain an accident within the meaning of the Retirement and Social Security Law. The Comptroller upheld the Hearing Officer’s recommendation and this Article 78 proceeding was commenced.

Petitioner was granted performance of duty disability retirement benefits but in order to qualify for accidental disability retirement benefits, the underlying accident must be completely out of the ordinary and unexpected and not resulting from a performance of a routine employment duty. The Comptroller has the exclusive authority to decide whether an accident occurred within the meaning of the law and if his determination can be supported by substantial evidence, it must be upheld. Since the petitioner had engaged in similar escort duties in the past which would indicate possible danger and the fact that injury by physical contact is inherent in the routine performance of petitioner’s duties, the Comptroller’s determination is supported by adequate evidence.

Accordingly, the Supreme Court confirmed the determination, without costs, and dismissed the petition.

Read more about this Article 78 Accidental Disability Retirement Benefits appeal.

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