In 2008 a Yonkers City Firefighter responding to a car fire slipped on an unknown slippery substance on the ground. He was unable to return to work due to his injuries. When he was denied an Accidental Disability Retirement (ADR) he filed an Article 78 in Albany County which was transferred to the Appellate Division, Third Department under the “substantial evidence” standard of review. The Appellate Division found the decision after a hearing that the fall was not an “accident” was not suppported by substantial evidence. The firefighter and his coworked said that the substance blending in with the roadway and was undetectable. Read about this Accidental Disability Retirement case.
