A New York corrections officer is getting a second chance to prove his entitlement to an accidental disability retirement pension after an appellate court found the administrative hearing officer had applied an incorrect burden of proof and standard of review in denying the corrections officer's application.
Case: Matter of DeMaio v. DiNapoli, No. 521493, 03/31/2016, published.
Facts: Ronald DeMaio worked as a corrections officer. He filed an application for accidental disability retirement benefits after he suffered an on-the-job back injury.
DeMaio said he had been holding an inmate b...
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