INCIDENT WASN’T A “FORTUITOUS, UNEXPECTED EVENT”
After her request for accidental disability retirement was denied, BT filed an administrative proceeding with the New York County Supreme Court seeking to annul that determination. But when that court sided with the Pension Fund and rejected the challenge, BT appealed.
On its review, the Appellate Division, First Department, noted that an officer must show that the incident was a “service-related accident,” and not every injury will satisfy that standard – particularly if it occurs during the “performance of ordinary employment duties.” A “fortuitous, unexpected event” is required.
In this instance, since the officer testified that she was familiar with the intersection in question, been made aware of its condition (via pedestrian complaints), and had been in that immediate area for at least 30 minutes before she had a fall, the AD1 thought the requisite “unforeseeability” and “unexpectedness,” had not been met and “unanimously affirmed” the underlying determination.
Think she expected that?
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DECISION