Because he injured his back while at work, Corrections Officer Richard Benedetto thought he was entitled to accidental disability retirement benefits. But, at a hearing, it was determined that his fall wasn't encompassed by the state's Retirement and Social Security law.
When he filed an administrative appeal with the Albany County Supreme Court, the matter was transferred -- pursuant to CPLR Article 78 -- to the Appellate Division, Third Department.
Apparently, in a report made immediately after the accident, Benedetto supposedly noted that he lost his footing while walking down a flight of stairs. However, on his benefits application, Benedetto claimed to have slipped on ice while escorting an inmate to the prison's basement.
Interestingly, Benedetto couldn't identify the alleged inmate nor explain how the ice formed on stairs inside the building.
Because he couldn't present enough evidence in his favor, the AD3 concluded that the accident occurred "in the ordinary course of his employment," and, that the guy didn't qualify for the desired benefits.
Awkward!
To view the Appellate Division's decision, please use this link: Matter of Richard Benedetto v. DiNapoli