MATTER OF COVEL v. NEW YORK STATE EMPLOYEES' RET. SYS.


84 A.D.2d 902 (1981)

In the Matter of Charles K. Covel, Petitioner, v. New York State Employees' Retirement System, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 25, 1981


Petitioner, a school custodian, slipped on the floor he was dust mopping. In an attempt to avoid falling, he injured his back. The pain was such that five minutes later he stopped working. He was subsequently hospitalized and has since continuously received medical treatment. His application for accidental disability retirement benefits was denied upon the ground that he had not sustained an injury as a result of an accident within the meaning of section 63 (subd a, par 2...

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