Kelly v. DiNapoli

At issue was whether two first responders (together, Petitioners) established that they were entitled to accidental disability retirement benefits by demonstrating that they were incapacitated as the natural and proximate result of an accident sustained in service. The Comptroller in these two consolidated cases determined that Petitioners were not injured in an “accident” within the meaning of N.Y. Retire. & Soc. Sec. Law 363. The Court of Appeals held that substantial evidence supported the Comptroller’s determinations that neither petitioner was injured as the result of an “accident” because there were no precipitating accidental events that were not a risk of the work performed. View "Kelly v. DiNapoli" on Justia Law