Labor & Employment Law

A police officer's fall while chasing a suspect was not an accident within the meaning of the Retirement and Social Security Law

Matter of Melendez v New York State Comptroller, 2008 NY Slip Op 06921, decided on September 18, 2008, Appellate Division, Third Department

Robert Melendez, a police officer serving with the Village of Freeport Police Department in Nassau County, was injured after tripping over a snow bank while chasing two suspects. Subsequently Melendez was injured while pursuing two individuals when he fell while scaling a fence. His subsequent application for accidental disability retirement benefits was denied on the ground that the two incidents that caused his injuries were not accidents within the meaning of Retirement and Social Security Law § 363.

The Appellate Division agreed with the State Comptroller?s rejection of the application of accidental disability retirement benefits filed by Melendez, holding that Melendez had the burden of proving that his injury was accidental and the Comptroller's determination with regard to this issue will be upheld if supported by substantial evidence.

Here, said the court, "[A]n injury that occurs without an unexpected event, as the result of activity undertaken in the performance of ordinary employment duties (considered in view of the particular employment in question) is not an accidental injury." As the pursuit of suspects clearly is an ordinary employment duty of a police office and, indeed, Melendez had testified that such pursuits often involved him having to climb fences, the court said that his tripping over a snow bank and falling from a fence while chasing suspects are inherent risks of his employment and not the result of unexpected events, even without seeing the actual hazard that caused him to fall. Accordingly, ruled the court, the Comptroller's decision is supported by substantial evidence and will not be disturbed.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_06921.htm

Full post as published by New York Public Personnel Law on September 19, 2008 (boomark / email).