Topic: an incident does not qualify as an accident justifying the … · Go Syfert
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Topic #14905

5 canonical passages across 4 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from O'Brien v. Hevesi.

#Case FlagCanonical passage Citers
1 O'Brien v. Hevesi Anchor
nyappdiv · 2004
green “an incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising during the performance of routine employment duties” 9
2 Lenci v. DiNapoli
nyappdiv · 2012
green “petitioner bears the burden of proving that his injury was accidental, and respondent's determination will be upheld if supported by substantial evidence” 6
3 Amadio v. McCall
nyappdiv · 2003
green “the precipitating event must emanate from a risk that is not an inherent element of the petitioner's regular employment duties” 4
4 O'Brien v. Hevesi
nyappdiv · 2004
green “where the injury results from an expected or foreseeable event arising during the performance of routine employment duties” 4
5 Canner v. New York State Comptroller
nyappdiv · 2012
green “rather, the precipitating event must emanate from a risk that is not an inherent element of the petitioner's regular employment duties” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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