FIRE AND ICE
Officer Paul A. Stymiloski was on patrol and radioed for assistance when he found a parked car ablaze.
After trying to extinguish the flames, Stymiloski and another man pushed the vehicle away from a nearby building.
Some time later, while responding to the fire chief's order to push the car back even further, Stymiloski slipped on ice that had formed and injured his left shoulder.
When he later filed requests for benefits, he was denied accidental disability by the New York State Comptroller's office.
In response to his lawsuit challenging the denial, the Albany County Supreme Court transferred the case to the Appellate Division, Third Department, which upheld the Comptroller's determination.
Because his injuries occurred while he was performing his duty as a police officer, the AD3 was of the view no "accidental injury" had occurred.
That sure stymied Stymiloski.
To view a copy of the Appellate Division's decision, please use this link: Matter of Stymiloski v. DiNapoli
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