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Timely reporting of ?the accident? critical to claiming line of duty disability benefits

Timely reporting of ?the accident? critical to claiming line of duty disability benefits
Matter of Sorano v Hevesi, 38 A.D.3d 1137

Debbie Sorano, a police officer for the City of Yonkers, filed an application for performance of duty disability retirement benefits based on an incident that occurred on January 18, 2001. Her application was rejected by the New York Employees? Retirement System because she failed to file a notice or report of the incident with her employer within 30 days of the event as mandated by 2 NYCRR 331.2[b].*

Sorano sued, seeking a court order overturning the System?s determination pursuant to the ?good cause? exception set out in the Regulation.

The Appellate Division affirmed the System?s decision, ruling that in order for Sorano to ?have received the benefit of the good cause exception,? she had to show that she, or someone on her behalf, had filed a written report of the accident within 30 days of the event.

Sorano argued that she had, in fact, satisfied the 30-day requirement because she filed two medical reports with her employer within the relevant 30-day period.

The Appellate Division disagreed, holding that Sorano?s filing did not meet the requirements of the regulation because neither report ?made any mention of a January 18, 2001 incident, much less set forth any of the specifics concerning the time, place, nature or cause thereof.?
Accordingly, the court ruled the System?s rejection of Sorano?s application for performance of duty disability retirement benefits for failure to provide the necessary written notice is supported by substantial evidence and will not be disturbed.**

* Retirement and Social Security Law §363-c [e] [b] (3) permits the ?late filing? of a claim in the event ?a failure to file notice has been excused for good cause shown as provided by rules and regulations promulgated by the comptroller.? The relevant regulation, 4 NYCRR 331.2 [b], provides, in pertinent part, that ?good cause? means that the applicant, or someone on his or her behalf, filed a written notice with his employer setting forth the particulars of the time, place, nature and cause of the accident and the nature of the injury within 30 days of the event. The regulation further provides that ?The applicant or applicant?s employer being unaware of the requirements of [§363(c)(b)(1)] of the Retirement and Social Security Law or this [regulation], regarding timely filing of notice of accident, shall not constitute good cause for failure to file timely notice.?

** Similar requirements control with respect to employees seeking disability benefits pursuant to §63(c)(b)(1) of the Retirement and Social Security Law.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2007/2007_02637.htm

Full post as published by New York Public Personnel Law on June 09, 2010 (boomark / email).