WAS THIS BY ACCIDENT OR DESIGN?
After his request for accidental disability benefits was denied, LR filed an administrative proceeding to “annul” that determination. And when the New York County Supreme Court ended up dismissing his challenge, LR appealed.
On its review, the Appellate Division, First Department, noted that Officer LR’s injury wasn’t the kind that was subject to coverage by local law – to wit: Administrative Code of City of NY § 13-252. Apparently, LR knowingly and willfully walked across a wet floor in the station house. And because he ignored warnings to avoid doing so, the AD1 thought that a slip and fall was to be expected under those circumstances and was of the view the denial of accidental disability benefits was thus appropriately premised.
Ironically, that outcome was no accident, either.
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DECISION