James v. County of Yates Sheriff's Department

I respectfully dissent. I agree with petitioner that Matter of Balcerak v County of Nassau (94 NY2d 253) stands only for the limited proposition that a determination by the Workers’ Compensation Board that an injury is work-related does not per se entitle an injured employee to benefits under General Municipal Law § 207-c and that the Court’s further statement in Balcerak (94 NY2d at 259) concerning the “heightened risks and duties” standard to be met before benefits may be awarded under section 207-c is merely dicta. Subsequent Appellate Division decisions have inconsistently applied that…