Accidental disability retirement benefits are available to an applicant if the precipitating event is not a risk of the work ordinarily performed by the applicant

Posted on January 14, 2019 by lawhukukinet

Accidental disability retirement benefits are available to an applicant if the precipitating event is not a risk of the work ordinarily performed by the applicantLarivey v DiNapoli, 2019 NY Slip Op 00018, Appellate Division, Third DepartmentBecky C. Larivey, a bus attendant for a school district, applied for accidental disability retirement benefits after suffering a fall in the course of her being assigned to washing school buses. Her application was initially denied by the New York State Employees' Retirement System, but was subsequently granted by a Hearing Officer following a hearing. The State Comptroller overruled the Hearing Officer's decision and denied the application, deciding that the incident precipitating Larivey's fall and injury did not constitute an accident within the meaning of the Retirement and Social Security Law [RSSL]. Larivey appealed the Comptroller's determination.The Appellate Division said that it is well settled that, for…

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