A New York appellate court overturned a denial of a correctional officer’s application for duty disability retirement benefits for the second time, finding substantial evidence did not support the hearing officer’s decision.
Case: Matter of DeMaio v. DiNapoli, No. 525727, 04/19/2018, published.
Facts: Ronald DeMaio worked as a corrections officer at a county correctional facility. He suffered a back injury while at work in March 2011.
On the day of his injury, the corrections officers were conducting a search for contraband. One of the inmates then got into a fight with one of t...
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