Search for: "Kelly v. Social Security" Results 1 - 20 of 178
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9 May 2023, 6:00 am by Public Employment Law Press
Petitioner filed an application for accidental disability retirement benefits alleging that he was permanently disabled due to posttraumatic stress disorder and injuries to his back and left knee as the result of the suspect's discharge of a firearm in Petitioner's direction and Petitioner's injury as a result of his attempting to scale a fence in the process of apprehending the suspect.The New York State and Local Police and Fire Retirement System denied Petitioner's… [read post]
9 May 2023, 6:00 am by Public Employment Law Press
Petitioner filed an application for accidental disability retirement benefits alleging that he was permanently disabled due to posttraumatic stress disorder and injuries to his back and left knee as the result of the suspect's discharge of a firearm in Petitioner's direction and Petitioner's injury as a result of his attempting to scale a fence in the process of apprehending the suspect.The New York State and Local Police and Fire Retirement System denied Petitioner's… [read post]
12 Jul 2018, 4:00 am by Public Employment Law Press
Further, said the court, in order for an incident to constitute an accident within the meaning of the Retirement and Social Security Law, it must be "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact. [read post]
by Norma Coe, Kelly Haverstick, Alicia Munnell, and Anthony Webb Severe Impairment in Social Security Disability Cases - Parker-Grose v. [read post]
12 Dec 2015, 7:10 am by Law Offices of Jeffrey S. Glassman
Additional Resources: Some struggle to live while waiting more than 2 years for Social Security disability hearings, November 16, 2015, AP, by Kelli Kennedy More Blog Entries:Hanson v. [read post]
23 May 2023, 9:00 pm by Public Employment Law Press
" Applying the "inherent risk" principles set out by the Court of Appeals in Kelly v DiNapoli, 30 NY3d 674 and applied in Matter of Kowal v DiNapoli, 145 AD3d 1152, the Appellate Division opined that the Comptroller's determination that the incident at issue "did not constitute an accident within the meaning of Retirement and Social Security Law §63-bb will not be disturbed. [read post]
23 May 2023, 9:00 pm by Public Employment Law Press
" Applying the "inherent risk" principles set out by the Court of Appeals in Kelly v DiNapoli, 30 NY3d 674 and applied in Matter of Kowal v DiNapoli, 145 AD3d 1152, the Appellate Division opined that the Comptroller's determination that the incident at issue "did not constitute an accident within the meaning of Retirement and Social Security Law §63-bb will not be disturbed. [read post]
7 Nov 2023, 6:00 am by Public Employment Law Press
., "a 'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'", citing Matter of Brown v Kelly, 100 AD3d 480, quoting Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of NY, Art. [read post]
7 Nov 2023, 6:00 am by Public Employment Law Press
., "a 'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'", citing Matter of Brown v Kelly, 100 AD3d 480, quoting Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of NY, Art. [read post]
4 Oct 2021, 5:03 am by Public Employment Law Press
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
4 Oct 2021, 5:03 am by Public Employment Law Press
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
4 Oct 2021, 5:03 am by Public Employment Law Press
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
4 Oct 2021, 5:03 am by Public Employment Law Press
" As the court held in Matter of Kelly v DiNapoli, 30 NY3d 674, "an injury-causing event is accidental when it is sudden, unexpected and not a risk of the work performed, but the focus of the determination must be on the precipitating cause of [the] injury, rather than on the petitioner's job assignment. [read post]
21 Oct 2022, 5:30 am by Public Employment Law Press
In Matter of Kelly v DiNapoli, 30 NY3d 674, the Court of Appeals held that "For the purpose of Retirement and Social Security Law, the applicant bears the burden of establishing that the disability was the result of an accident, which is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact". [read post]
21 Oct 2022, 5:30 am by Public Employment Law Press
In Matter of Kelly v DiNapoli, 30 NY3d 674, the Court of Appeals held that "For the purpose of Retirement and Social Security Law, the applicant bears the burden of establishing that the disability was the result of an accident, which is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact". [read post]