In the following cases, the petitioners commenced Article 78 appeals to review the determination of respondent Comptroller denying their application for accidental disability retirement benefits. Each petitioner applied for accidental disability retirement benefits following their accidents and was denied. They next requested a redetermination and hearing which, in all instances, resulted in the Hearing Officer recommending 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. In each case, the Supreme Court ruled against the petitioners, confirming the decision of the Comptroller and dismissing the petitions.
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.
Bruno Piccinini v Comptroller of the State of New York
Petitioner, a security service assistant for the State University of New York Police Department, was injured when he tripped on an uneven section of the sidewalk while performing a routine patrol. Since petitioner admitted to patrolling the sector where the accident occurred on a regular basis and to being “very familiar” with the sidewalks, the Comptroller’s determination is supported by adequate evidence.
Read full decision here.
Paul Grutzner v Deputy Comptroller of the State of New York
Petitioner, a retired police officer of 40 years, submitted an application for accidental disability retirement benefits asserting permanent disability due to work-related injuries sustained in 1963, 1982, and 1986 and was denied. Petitioner testified to performing normal work duties of a police officer when each of the incidents occurred. In 1963, petitioner was attempting to climb a stairwell with missing steps while investigating a possible burglary when he fell. He was aware that the steps were damaged and therefore the fall was the result of his own misstep. In 1982, petitioner was riding a motorized dirt bike as part of a security detail when the bike “kicked-out” while descending a hill causing him to be injured. Petitioner was an accomplished motorcycle rider and admitted to riding down the same hill three times that day. Therefore, the incident resulted from an ordinary work related duty. In 1986, petitioner was injured while attempting to kick open a locked door to execute an arrest warrant. He attested to having done the same activity 150-200 times before indicating that the incident was not sudden and unexpected.
Read full decision here.
Michael Lorenzo v Comptroller of the State of New York
Petitioner, a detective employed by the City of Yonkers Police Department, injured his neck while exiting a police car in 2003. Petitioner claimed his disability was due to two earlier incidents, in 1991 and 1992, in addition to the accident in 2003. In 2003, the petitioner parked his unmarked car too closely to the adjacent car and hit his head while trying to get out of the car. Petitioner testified that “go[ing] out and arrest[ing] bad guys” were activities that would require him to enter an exit his police vehicle supporting the Comptroller’s assertion that the event precipitating petitioner’s injury was a inherent risk in the performance of his routine duties. Petitioner failed to establish that his neck injury was caused by the incidences in 1991 and 1992.
Read full decision here.
Martha DeLaCruz v Comptroller of the State of New York
Petitioner, a criminal investigator for the Westchester County District Attorney’s office, was injured when she fell during a training program in dignitary protection. Petitioner was newly assigned to the position of driver and bodyguard for the District Attorney and was injured completing a training exercise in which she had been previously instructed on how to act during it. Therefore, the incident in question resulted from part of petitioner’s ordinary job duties and was not an accident according to the meaning of the Retirement and Social Security Law.
Read full decision here.
Kenneth Rolon v Comptroller of the State of New York
Petitioner, a police officer employed by the City of Newburgh Police Department, sustained a back injury while changing a flat tire on his patrol car. Petitioner testified that he had never changed a flat tire before and usually a mechanic would be dispatched to do this task. In this case however, petitioner’s watch commander directed him to change the tire because a mechanic was unavailable and part of petitioner’s duties included following the orders of his watch commander. Therefore, substantial evidence supports the Comptroller’s determination that petitioner was injured while performing regular employment duties.
Read full decision here.
To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
