In Matter of McGerald v. DiNapoli , police officer Robert McGerald applied for "accidental disability retirement benefits" after injuring himself on three separate occasions while working for the Suffolk County Police Department.
His first accident occurred when he slipped on wet grass while moving athletic equipment, the second when he was moving bleachers during a police softball event and the last when he slipped on stairs at police headquarters.
The State Comptroller disclaimed liability for the first two incidents on the grounds that they weren't "accidents within the meaning of Retirement and Social Security Law." The third was also denied because McGerald didn't file a notice of claim in a timely manner.
When McGerald challenged the outcome, the Albany County Supreme Court referred the matter to the Appellate Division, Third Department, which found two of the activities which caused McGerald's injuries weren't compensable because they occurred in the course of his "usual assigned duties." Denial of McGerald's bleacher related claim was also upheld because the officer failed to provide the Police Department with notice within the requisite 30-day period.
Fra DiNapoli!
To download a copy of the Supreme Court's decision, please use this link: Matter of McGerald v. DiNapoli