New York state’s highest court has ruled that a police officer and firefighter injured while responding to separate emergencies are not entitled to disability retirement benefits.
The Court of Appeals ruled Tuesday in the cases of Orangetown police officer James Kelly and Yonkers firefighter Pat Sica.
The seven-member court upheld a lower court’s denial of Kelly’s application for accidental disability retirement. He was injured while rescuing people trapped in a Rockland County home that collapsed during Superstorm Sandy.
The court reversed a ruling that said Sica was eligible for benefits because he suffered a heart ailment from being exposed to toxic gases while responding to a 2001 supermarket emergency.
The judges found the men assumed risks associated with the “ordinary duties” of their professions.