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MATTER OF BERGLAND v. REGAN

199 A.D.2d 812 (1993)

605 N.Y.S.2d 529

In the Matter of Shawn Bergland, Petitioner, v. Edward V. Regan, as State Comptroller for The New York State Employees' Retirement System, Respondent

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

December 23, 1993

We reject petitioner's claim that respondent erred in determining that the incident at issue was not an accident within the meaning of Retirement and Social Security Law § 605. An injury is not accidental if it is sustained while performing routine duties and not resulting from unexpected events. Here, there is substantial evidence to support respondent's conclusion that petitioner's alleged injury emanated from risks inherent...

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