MDASR served as counsel to a corrections officer in a successful appeal this week concerning disability retirement benefits. As reported in the New York law Journal on March 17, the case concerned a corrections officer who was injured in an altercation with an unruly inmate. The New York State Appellate Division of the Third Judicial Department reversed the decision of the comptroller’s office and held that the corrections officer was entitled to duty-related disability benefits because even if the injuries arose after the struggle with the inmate, they still had a causal connection with that event.
The duties of corrections officers come with inherent perils and dangers which were contemplated by legislature and imposed under Retirement and Social Security Law §607-c. The provision relates the risks faced by corrections officers and the protections provided regarding on-duty disability retirement if a guard must succumb to those risks. In this case, the Presiding Justice Karen Peters cited to the legislative intent of the statute and was joined by Justices William McCartney, Elizabeth Garry and Robert Rose in the ruling.
Many occupations come with a daily risk of danger. If you are injured while on-duty, make sure your rights are protected and you are fairly compensated by contacting an experienced New York State worker’s compensation attorney. Contact the Law Offices of McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP at (866) 557-7500.