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MATTER OF OLIVERA v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM

510330.

82 A.D.3d 1434 (2011)

918 N.Y.S.2d 681

In the Matter of the Claim of ELIZABETH A. OLIVERA, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, Respondent.

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

Decided March 17, 2011.

LAHTINEN, J.

Petitioner was employed as a secure care treatment aide by the New York State Office of Mental Retardation and Developmental Disabilities for three years when, in September 2006, she was assaulted by one of the consumers under her care and sustained injuries to her lower back, right leg and left foot. In January 2008, petitioner applied for accidental disability retirement benefits on the ground that the injuries sustained during the 2006 incident permanently...

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