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PETITIONER POLICE OFFICER’S FALL GETTING OUT OF A POLICE CAR WAS NOT AN UNEXPECTED ACCIDENT OR DUE TO A RISK INHERENT IN THE JOB; PETITIONER WAS NOT ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT BENEFITS (FIRST DEPT).

The First Department, reversing Supreme Court, determined petitioner police officer was not entitled to accidental disability retirement stemming from a fall. Petitioner was getting out of a police car in response to a family disturbance call when his firearm caught on the seatbelt causing him to fall to the ground:\

Supreme Court erred in granting the petition and annulling the board’s determination that petitioner’s injury did not arise from an unexpected accident or from a risk inherent in the job of being a police officer. The board correctly determined that petitioner’s injury was not caused by an accident as defined in the NYC Administrative Code and applicable case law.

“[N]ot every line-of-duty injury will support an award of accidental disability retirement . . . an injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties . . . is not an accidental injury” … . Matter of Galluccio v O’Neill, 2020 NY Slip Op 05136, First Dept 9-29-20

 

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