Matter of Como v. New York State Comptroller

Summary

The court annulled the New York State Comptroller’s determination denying Victoria Como accidental disability retirement benefits. It held that her slip and fall on an unobserved wet courthouse floor was sudden, unexpected, and not a risk inherent in her work, and remitted the matter for further proceedings.

Holdings

1. An injury-causing event qualifies as accidental when it is sudden, unexpected, and not a risk inherent in the work performed; petitioner's unexpected slip on an unseen wet courthouse floor satisfied that standard.
2. The Comptroller's denial of accidental disability retirement benefits was not supported by substantial evidence and had to be annulled.

Questions Presented

1. Whether petitioner's slip and fall on a wet courthouse floor was an accident within the meaning of Retirement and Social Security Law § 605(b)(3).
2. Whether the Comptroller's determination denying accidental disability retirement benefits was supported by substantial evidence.

Disposition

other