INJURED FIREFIGHTER GETS NO BENEFITS?
Even though J.R. seriously injured his leg “after experiencing dehydration” while undergoing training, the New York City Fire Department denied his application for accidental disability benefits. But when a special proceeding was filed, the New York County Supreme Court sided with J.R. and granted his request for relief (together with an award of legal fees).
Upon its review, the Appellate Division, First Department, thought that accidental disability retirement benefits were only available when the harm incurred was the result of a “'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact.’”
Since dehydration was a foreseeable risk, and not an “unexpected event” in this instance, the AD1 reversed the underlying determination and allowed the department’s denial of benefits to stand. (It also didn’t think there was a legal basis to award fees, particularly in the absence of some “agreement, statute, or court rule providing for the relief.”)
We don’t think this decision is about to catch fire.
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DECISION