Matter of Bodenmiller v. DiNapoli

Whether Matter of Kelly v. DiNapoli, 30 N.Y.3d 674 (2018), permits the denial of an application for accidental disability retirement benefits upon a finding that a condition should have been “reasonably anticipated”; whether a determination that an applicant should have “reasonably anticipated” the hazard resulting in injury supports a denial of an application when the record otherwise fails to demonstrate that the hazard was an inherent risk of the applicant’s job or that the application had actual or direct knowledge of the hazard.

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