Smith v. Regan

Petitioner, a machine operator employed by the Village of Pelham in Westchester County, sustained injuries while at work in December 1970 and again on May 18, 1978. His subsequent application for accidental disability retirement benefits was initially denied by respondent on the ground that neither incident constituted an accident within the meaning of Retirement and Social Security Law § 63 (a) (2). Petitioner then requested a hearing pursuant to Retirement and Social Security Law § 74 (d), after which respondent modified its initial determination, held that petitioner had sustained…