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PETITIONER, AN ADMINISTRATIVE LAW JUDGE, WAS INJURED WHEN A HEAVY SELF-CLOSING DOOR CLOSED ON HER AS SHE LEFT THE HEARING ROOM; THE INCIDENT WAS AN “ACCIDENT” WITHIN THE MEANING OF THE RETIREMENT AND SOCIAL SECURITY LAW ENTITLING PETITIONER TO DISABILTIY BENEFITS (THIRD DEPT).

The Third Department, reversing the finding that petitioner was not injured in an “accident,” determined petitioner was entitled to disability benefits. Petitioner, an administrative law judge, was injured leaving a hearing room when a heavy door closed on her:

… [P]etitioner bears the burden of establishing that the disability was the result of an accident, which is defined as “a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact” … . “Under this standard, petitioner was required to demonstrate that [her] injuries were caused by a precipitating event that was sudden, unexpected and not a risk inherent in [her] ordinary job duties” … . …

Although petitioner was aware of the hazard posed by the heavy, self-closing door, she reasonably expected that the supervisor, who was holding the door open, would continue to do so as petitioner walked through. Thus, petitioner demonstrated that her injuries were caused by a “sudden [and] unexpected” precipitating event — the supervisor letting go of the heavy, self-closing door while petitioner walked through it — which was not a risk inherent in her job duties …. Matter of Campbell v DiNapoli, 2022 NY Slip Op 05911, Third Dept 10-20-22

Practice Point: Here a heavy self-closing door closed on the petitioner, an administrative law judge, as she left the hearing room. The incident was “sudden, unexpected and not a risk inherent in her ordinary job duties.” Therefore the incident was an “accident” under the Retirement and Social Security Law, entitling petitioner to disability benefits.

 

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