Legal Opinion
The Matter of James R. Diegelman v. City of Buffalo
New York Court of Appeals
Decided November 21, 2016No. 168PublishedCited by 24 opinions
1Opinion of the Court
*233OPINION OF THE COURT
Stein, J.
In this appeal, we are asked to determine whether a police officer who is entitled to receive benefits under General Municipal Law § 207-c for a duty-related injury is barred from bringing a claim against his or her employer under General Municipal Law § 205-e. We conclude that, where the municipal employer has elected not to provide coverage pursuant to the Workers’ Compensation Law, a police officer who suffers a line-of-duty injury caused by the employer’s statutory or regulatory violations may pursue a section 205-e claim.
I
Respondent City of Buffalo (the City)…
2Cases cited16 opinions
- Giuffrida v. Citibank Corp.New York Court of Appeals · 2003
- Scanlan v. Buffalo Public School SystemNew York Court of Appeals · 1997
- Williams v. City of New YorkNew York Court of Appeals · 2004
- MATTER OF THEROUX v. ReillyNew York Court of Appeals · 2003
- Balcerak v. County of NassauNew York Court of Appeals · 1999
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Windward Bora LLC v. SotomayorCourt of Appeals for the Second Circuit · 2024
- Matter of Smith v. City of NorwichAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Campo v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2017
- Maher v. WhiteAppellate Division of the Supreme Court of the State of New York · 2020
- Diegelman v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2017
19 more not listed; retrieve them via the Exa API.