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CORRECTION OFFICER’S FALL DOWN A STAIRWAY WAS PROXIMATELY CAUSED BY THE ACT OF AN INMATE, THE RESULTING DISABILITY IS THEREFORE COMPENSABLE (THIRD DEPT).

The Third Department, annulling the hearing officer’s decision, determined that petitioner, a county correction officer, suffered a disability that resulted from the act of an inmate and was therefore compensable:

… [W]e find that petitioner has demonstrated that the injuries that he sustained from his fall occurred “contemporaneously with, and flowed directly, naturally and proximately from, the inmate’s” disobedient and affirmative act of descending down the stairs unexpectedly prior to receiving permission to do so … . Although “losing one’s footing — without more — does not constitute an affirmative act” … , petitioner’s misstep and fall flowed directly, naturally and proximately from the inmate’s act of being out of place without permission and startling petitioner by running down the stairs … . Having determined that petitioner’s injury was a natural and proximate result of an act of an inmate, the matter must be remitted for further proceedings on the issue of the permanency of petitioner’s alleged disability … . Matter of Garcia v DiNapoli, 2018 NY Slip Op 06602, Third Dept 10-4-18

RETIREMENT AND SOCIAL SECURITY LAW (CORRECTION OFFICER’S FALL DOWN A STAIRWAY WAS PROXIMATELY CAUSED BY THE ACT OF AN INMATE, THE RESULTING DISABILITY IS THEREFORE COMPENSABLE (THIRD DEPT))/CORRECTION OFFICERS (RETIREMENT AND SOCIAL SECURITY LAW, CORRECTION OFFICER’S FALL DOWN A STAIRWAY WAS PROXIMATELY CAUSED BY THE ACT OF AN INMATE, THE RESULTING DISABILITY IS THEREFORE COMPENSABLE (THIRD DEPT))

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