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POLICE OFFICER’S SLIP AND FALL DURING A BURGLARY INVESTIGATION NOT AN ACCIDENT.

The Third Department determined the police officer’s slip and fall on a wet stair was not an accident entitling him to accidental disability retirement benefits:

Petitioner’s search of the residence following the burglary was a part of his routine duties as a police officer. He acknowledged that it was lightly raining when he conducted the search and, although he did not see water pooling on the stairs, he believed that they were wet. He stated that he did not realize that the stairs were slippery until his foot slipped on the top stair. Notwithstanding this, petitioner could have reasonably anticipated the slippery condition of the stairs under the circumstances presented … . Matter of Magistro v DiNapoli, 2016 NY Slip Op 05893, 3rd Dept 8-25-16

RETIREMENT AND SOCIAL SECURITY LAW (POLICE OFFICER’S SLIP AND FALL DURING A BURGLARY INVESTIGATION NOT AN ACCIDENT)/POLICE OFFICERS (ACCIDENTAL DISABILITY RETIREMENT BENEFITS, POLICE OFFICER’S SLIP AND FALL DURING A BURGLARY INVESTIGATION NOT AN ACCIDENT)/ACCIDENTAL DISABILITY RETIREMENT BENEFITS (POLICE OFFICER’S SLIP AND FALL DURING A BURGLARY INVESTIGATION NOT AN ACCIDENT)

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DAMAGE TO A LEG MUSCLE, HERE THE HAMSTRING, SUPPORTED A SCHEDULE LOSS OF USE (SLU) AWARD, WORKERS’ COMPENSATION BOARD REVERSED (THIRD DEPT).
THE EVIDENCE SUPPORTED A CAUSAL CONNECTION BETWEEN THE STRESS CAUSED BY INTERACTION WITH CLAIMANT’S SUPERVISOR AND CLAIMANT’S HEART ATTACK (THIRD DEPT). ​
OFFICER’S PURSUIT, FORCIBLE STOP, DETENTION AND ARREST OF FLEEING DEFENDANT NOT JUSTIFIED, MOTION TO SUPPRESS STATEMENTS AND ITEMS SEIZED IN SEARCHES PROPERLY GRANTED (THIRD DEPT).
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