A New York police officer who was injured while stepping out of her patrol car during a coffee break was not entitled to accidental disability retirement benefits because she was not performing work duties at the time of the incident, a state appeals court has ruled.
The Appellate Division of the New York Supreme Court on Thursday said the state was correct to deny accidental and performance-of-duty disability retirement benefits to Shelby Pileggi, who worked as a police officer for the town of New Castle in Westchester County.
Ms. Pileggi’s benefits petition stemmed from a February 2013 incident in which she slipped and fell while exiting her patrol car in the parking lot of a coffee shop near the police station. She suffered injuries to her back and neck.
Ms. Pileggi had argued that officers are always on duty even during brief breaks since they are required to respond to emergency calls, although she admitted she was on a personal errand at the time of the incident.
Her benefits petition was denied because she was engaged in a personal activity at the time she was injured.
The appeals court said Ms. Pileggi’s reliance on precedent under the state workers compensation law to justify her claim was misplaced, since accidental disability benefits are awarded under a separate section of law.
The appeals court ruled the benefits denial was proper.