Morrisey v. New York State & Local Police & Firemen Retirement System

Mikoll, J. P.

Petitioner was a police officer with the City of Buffalo Police Department in Erie County until September 1984, when he was shot while on duty and sustained a serious right ankle injury. Although petitioner attempted to return to work, he was ultimately forced to quit due to the stiffness, swelling and restricted movement in his ankle. No light work was available to him. After a hearing, petitioner’s application for accidental disability retirement benefits was denied on the ground that petitioner was not permanently incapacitated from the. performance of his duties. This…