You are here: / / INJURED POLICE OFFICER CAN RECEIVE BOTH WORKERS’ COMPENSATION AND...
,

INJURED POLICE OFFICER CAN RECEIVE BOTH WORKERS’ COMPENSATION AND GENERAL MUNICIPAL LAW 207-c BENEFITS (SECOND DEPT).

The Second Department determined a police officer injured trying to subdue and emotionally disturbed person can receive both Workers' Compensation and General Municipal Law 207-c benefits. The police chief denied the General Municipal Law 207-c benefits. Supreme Court annulled the police chief's denial holding that the police chief was estopped from denying the benefits because Workers' Compensation benefits had been awarded.  The Second Department found that the estoppel doctrine did not apply but affirmed on different grounds:

… [T]he Workers' Compensation Board's determination in favor of the petitioner did not collaterally estop the Incorporated Village of Muttontown and the Chief of Police (hereinafter together the appellants) from denying the petitioner's application for General Municipal Law § 207-c benefits. “[A] determination by the Workers' Compensation Board that an injury is work-related” does not, “by operation of collateral estoppel, automatically entitle an injured employee to General Municipal Law § 207-c benefits” … . “General Municipal Law 207-c benefits apply to a narrower class of work-related injury, relative to the performance of law enforcement duties” … .

A determination denying an application for benefits pursuant to General Municipal Law § 207-c may be annulled only if it was arbitrary and capricious … . “An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts” … .

In order to establish entitlement to General Municipal Law § 207-c benefits, a municipal employee must prove a “direct causal relationship between job duties and the resulting illness or injury”… . Here, the appellants' denial of the petitioner's application for benefits under General Municipal Law § 207-c was arbitrary and capricious. The documentation in the record established a causal connection between the performance of the petitioner's duties and her injuries. Matter of Lavin v Incorporated Vil. of Muttontown, 2018 NY Slip Op 06909, Second Dept 10-17-18

You might also like
EXCLUDING A SPECTATOR FROM THE TRIAL BECAUSE HE WAS SLEEPING DEPRIVED DEFENDANT OF HIS RIGHT TO A PUBLIC TRIAL; THE CONSTITUTIONAL ERROR IS NOT SUBJECT TO A HARMLESS ERROR ANALYSIS; NEW TRIAL ORDERED (SECOND DEPT).
ARBITRATOR’S RULING WAS IRRATIONAL AND VIOLATED CPLR 1209 IN THIS NO-FAULT INSURANCE ACTION, HEALTH CARE PROVIDER, AS AN ASSIGNEE, WAS ENTITLED TO ARBITRATE ITS CLAIM FOR CARE PROVIDED TO THE INJURED INFANT (SECOND DEPT).
Mother’s Petition to Relocate Should Not Have Been Denied—Analytical Criteria Described
PLAINTIFF ALLEGED HE WAS STANDING ON AN A-FRAME LADDER WHEN IT SHIFTED CAUSING A CONCRETE SLAB TO FALL ON HIS HAND; DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION SHOULD NOT HAVE BEEN GRANTED; IN ADDITION A DEFENDANT FAILED TO SHOW IT WAS NOT AN “OWNER” WITHIN THE MEANING OF LABOR LAW 240(1) (SECOND DEPT).
THE CAUSE OF PLAINTIFF’S DECEDENT’S SLIP AND FALL CALL COULD NOT BE IDENTIFIED, THE LIGHTER BURDEN OF PROOF PURSUANT TO THE NOSEWORTHY DOCTRINE DID NOT APPLY (SECOND DEPT).
Labor Law 240(1) Action Not Implicated by Portion of Ceiling Falling
Injured Party, as Well as the Insured Defendant, Has a Duty to Inform Insured’s Carrier of Incident; Failure of Timely Notice by Both the Insured and the Injured Party Allowed Carrier to Disclaim
A NURSING HOME CAN BRING A PLENARY ACTION SOUNDING IN BREACH OF CONTRACT AGAINST THE AGENCY WHICH DENIED MEDICAID COVERAGE FOR A RESIDENT (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

POWERS GRANTED TO THE GUARDIAN FOR AN INCAPACITATED PERSON SHOULD NOT HAVE EXCEEDED... CUSTODY MODIFICATION PETITION SHOULD NOT HAVE BEEN GRANTED WITHOUT A HEARING...