CompFox AI Summary
Petitioner, a police officer, sought accidental disability retirement benefits after injuring his back and knee while searching a residence for an intruder. He attributed the fall on stairs to a faulty step design, arguing it was disguised by paint or had an unusual riser height. However, the Hearing Officer and respondent determined the incident did not constitute an 'accident' under the Retirement and Social Security Law, as the injury resulted from activities performed during routine duties and his own misstep, rather than a sudden, fortuitous mischance. The court confirmed this determination, finding substantial evidence supported it, and dismissed the petition.
McCabe v. Hevesi is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Petitioner, a police officer, sought accidental disability retirement benefits after injuring his back and knee while searching a residence for an intruder. He attributed the fall on stairs to a faulty step design, arguing it was disguised by paint or had an unusual riser height. However, the Hearing Officer and respondent determined the incident did not constitute an 'accident' under the Retirement and Social Security Law, as the injury resulted from activities performed during routine duties and his own misstep, rather than a sudden, fortuitous mischance. The court confirmed this determination, finding substantial evidence supported it, and dismissed the petition.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.