Labor & Employment Law

Reimbursement of benefits paid to a police officer pursuant to GML 207-c

By Harvey Randall, Esq.

Reimbursement of benefits paid to a police officer pursuant to GML 207-c
Dennis Burlingame v State of New York, 42 A.D.3d 923, Appellate Division, Fourth Department

Dennis Burlingame, a police officer for the City of Syracuse, was injured in an automobile accident during the course of his employment with the City.

Burlingame subsequently sued SUNY?s Upstate Medical Center, alleging that the Center was negligent in treating his injuries. Syracuse moved to join in the action against the Upstate Medical Center.

Rejecting Upstate?s argument that ?the collateral source rule set forth in CPLR 4545? barred the City from joining in the litigation, the Appellate Division pointed out that General Municipal Law §207-c(6) allows a jurisdiction to sue ?any third party? for the reimbursement of ?sums actually paid as salary or wages and medical treatment and hospital care ? against whom the policeman shall have a cause of action for the injury sustained?? where the jurisdiction has provided the police officer with Section 207-c benefits.

In this instance, said the court, ?the direct and substantial interest of the City is obvious,? concluding that Syracuse?s intervention in the action is warranted.

Full post as published by New York Public Personnel Law on April 09, 2008 (boomark / email).