Kelly v. DiNapoli
30 N.Y.3d 674
| Court for the Trial of Impeach... | 2018Background
- Two first responders sought accidental disability retirement benefits under Retirement and Social Security Law § 363(a)(1): James Kelly (police officer) and Pat Sica (firefighter).
- Kelly entered an unstable, partially collapsed house during Hurricane Sandy to rescue trapped residents after supervisors limited responses; he felt shoulder/neck pain after bracing a falling rafter and was later disabled.
- A hearing officer found Kelly’s injury accidental; the Comptroller denied benefits as a non-accidental, job-related injury; the Appellate Division affirmed the Comptroller; Kelly appealed to the Court of Appeals.
- Sica responded to a 911 medical call at a supermarket, performed prolonged CPR, was later found to have been exposed to toxic gases from cleaning agents, and developed disabling conditions.
- A hearing officer found Sica’s injury accidental; the Comptroller denied benefits as an ordinary-duty risk (firefighter/EMS exposure to fumes); the Appellate Division remitted for application of the Heart Presumption and ruled in Sica’s favor; the Comptroller appealed to the Court of Appeals.
- The Court reviewed whether each petitioner’s incapacitation was the natural and proximate result of an "accident"—defined by prior precedent as a sudden, unexpected event not a risk of the work performed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kelly’s injuries were an "accident" under R.S.S.L. § 363(a)(1) | Kelly: entering the unstable house and bracing the falling rafter was a sudden, extraordinary precipitating event outside ordinary police duties | Comptroller: responding to life‑threatening emergencies and assisting injured persons are ordinary police duties; injury resulted from risks inherent in that work | Held: Not an accident — substantial evidence supports that Kelly acted within ordinary duties and the risk was inherent in police work; judgment affirmed |
| Whether Sica’s injuries were an "accident" under R.S.S.L. § 363(a)(1) | Sica: exposure to toxic gases was unexpected and unforeseeable while performing EMS duties | Comptroller: firefighters/EMS are trained for and regularly face exposure to fumes/chemicals; injury was an occupational risk | Held: Not an accident — substantial evidence supports that exposure to toxic fumes was a risk of Sica’s ordinary duties; judgment reversed and petition dismissed |
| Proper legal standard for "accident" | Petitioners: emphasize suddenness and unforeseeability of precipitating event | Comptroller: focuses on whether precipitating cause was a risk of ordinary duties; substantial‑evidence review of agency findings | Held: Court reiterates McCambridge/Lichtenstein standard: focus on precipitating accidental event that is sudden, unexpected, and not a risk of the work performed; applied deferential substantial‑evidence review |
| Whether courts should require "readily observable" hazard to prove an accident | Sica/Appellate arguments suggested observability mattered | Court: agency did not rely on observability; requiring non‑observability is inconsistent with prior precedent | Held: No rigid requirement that hazard be "readily observable"; question remains whether precipitating event was unexpected and not inherent to the job |
Key Cases Cited
- Matter of Lichtenstein v. Board of Trustees of Police Pension Fund of Police Dep’t of City of N.Y., 57 N.Y.2d 1010 (1982) (defines "accident" as sudden, fortuitous, unexpected and out of the ordinary)
- Matter of McCambridge v. McGuire, 62 N.Y.2d 563 (1984) (focus on precipitating cause; accident must be a precipitating event not a risk of the work performed)
- Matter of Starnella v. Bratton, 92 N.Y.2d 836 (1998) (reiterates that accident requires precipitating accidental event not a risk of the work performed)
- Matter of Pratt v. Regan, 68 N.Y.2d 746 (1986) (example of accidental injury where a sudden, unexpected event was not a risk of the work)
- Matter of Covel v. New York State Employees’ Retirement Sys., 84 A.D.2d 902 (3d Dep’t 1981) (injury from risks inherent in regular duties is not an accident)