New York’s highest court ruled that a known condition that is a risk of the work site cannot be the cause of an accident compensable under the Retirement and Social Security Law.
Case: Matter of Rizzo v. DiNapoli, No. 106 SSM 16, 10/27/2022, published.
Facts: Rosa Rizzo worked for the Port Authority of New York and New Jersey as a police officer. She was assigned to a toll plaza at the Lincoln Tunnel.
After responding to a medical emergency, Rizzo headed to a nearby Metropolitan Transit Authority booth, which was heated, so she could write her report.
She had used the booth before an...
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