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The petitioner, a correction officer, sought disability and performance of duty disability retirement benefits after being injured in a slip-and-fall incident in January 2009. Her applications were denied by the respondent, who adopted the Hearing Officer's findings that the disability application was untimely and the performance of duty claim lacked proof of an inmate's act. In this CPLR article 78 proceeding, the court affirmed the denial. It ruled that the disability application was indeed untimely, as workers' compensation and vacation pay did not qualify as on the payroll payments under Retirement and Social Security Law § 507-a (b) (2). Additionally, the court upheld the denial of performance of duty benefits, noting the petitioner's concession that an inmate did not cause her injury.
Oshode v. DiNapoli 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
The petitioner, a correction officer, sought disability and performance of duty disability retirement benefits after being injured in a slip-and-fall incident in January 2009. Her applications were denied by the respondent, who adopted the Hearing Officer's findings that the disability application was untimely and the performance of duty claim lacked proof of an inmate's act. In this CPLR article 78 proceeding, the court affirmed the denial. It ruled that the disability application was indeed untimely, as workers' compensation and vacation pay did not qualify as "on the payroll" payments under Retirement and Social Security Law § 507-a (b) (2). Additionally, the court upheld the denial of performance of duty benefits, noting the petitioner's concession that an inmate did not cause her injury.
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