EMPLOYMENT - NEW YORK

Quartucio v. DiNapoli

Supreme Court, Appellate Division, Third Department, New York - October 24, 2013 - N.Y.S.2d - 2013 N.Y. Slip Op. 06928

Police officer who sustained bilateral knee injuries commenced article 78 proceeding to review determination of State Comptroller which denied officer’s application for accidental disability retirement benefits under Policemen’s and Firemen’s Retirement System.

The Supreme Court, Appellate Division held that:

Incident is not “accident,” for purposes of accidental disability retirement benefits under Policemen’s and Firemen’s Retirement System, where underlying injuries result from expected or foreseeable event arising during performance of routine employment duties, arise from the injured employee’s own misstep or inattention, or occur during course of training program constituting ordinary part of employee’s job duties and normal risks arising therefrom.



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