Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Not all tasks performed while at work constitute the performance of official duties

Not all tasks performed while at work constitute the performance of official duties Matter of Martino v County of Albany, 47 AD3d 1052

Christopher J. Martino, a correction officer with the Albany County Sheriff's Department, was injured during his shift at the visitor observation booth in the visitation area of the Albany County Correctional Facility. After several visitors complained about an odor, Martino removed a full bag of garbage from a garbage can located within his work station and placed it outside the visitation area. In the process, he sustained acute lower back strain and sought immediate medical assistance.

He was absent from work for approximately three weeks. The County did not controvert his claim for workers' compensation benefits. However, it denied his application for benefits pursuant to General Municipal Law §207-c based on the finding of the Section 207-c hearing officer that ?at the time [Martino] sustained this injury, he was engaged in activities outside the scope of his assigned duties as a correction officer.?

The Appellate Divisions sustained the County?s determination, pointing out that General Municipal Law §207-c provides correction officers with benefits in the event they are injured "in the performance of [their] duties."

Citing Matter of White v County of Cortland, 97 NY2d 336, the court said that in order to be eligible for Section 207-c benefits, the individual must establish a "direct causal relationship between job duties and the resulting illness or injury." Finding that substantial evidence supports the County?s decision that, under the circumstances, Martino's injury resulting from his removal of a bag of garbage was not causally related to his range of duties as a correction officer, the Appellate Division dismissed his appeal.

The decisions notes that ?While the [GML 207-c] Hearing Officer recognized that there could be circumstances in which the removal of a bag of malodorous garbage could be considered within the full range of a correction officer's duties for purposes of General Municipal Law §207-c benefits, the conclusion that it did not in this case is supported by substantial evidence and will not be disturbed.?

The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2008/2008_00153.htm

==============================

For information about PELP's e-book Disability Retirement and General Municipal Law Sections 207-a/c go to: http://booklocker.com/books/3916.html

==============================

Full post as published by New York Public Personnel Law on June 14, 2010 (boomark / email).