Claim of Olivera v. New York State & Local Employees' Retirement System

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 incapacitated her from performing her duties. After petitioner’s application was denied by respondent in June 2008, she timely…