A New York appellate court has ruled against a firefighter seeking accidental disability retirement benefits. The court's decision affects public employees who may face challenges in proving their claims for benefits after workplace injuries.
In the case of Matter of McCarey v. DiNapoli, filed under docket number CV-25-1157, Adam McCarey, a former city fire inspector and firefighter, petitioned the court after his application for benefits was denied. The court's ruling, issued on July 30, 2026, confirms the lower court's decision and highlights the importance of proving that an injury occurred while performing job duties.
The dispute began when McCarey, who worked for the City of Middletown from 2000 to 2020, was involved in a motor vehicle accident on September 23, 2010. At the time of the accident, McCarey was driving a city-issued vehicle to investigate a complaint at a senior living complex. He was struck from behind by a truck while stopped behind a school bus with its lights on. In 2022, he applied for accidental disability retirement benefits, claiming that the accident left him permanently disabled.
However, McCarey’s application was denied after a hearing officer determined that he was not performing his job duties at the time of the accident. The officer concluded that McCarey was not “in service” as defined by the Retirement and Social Security Law, which governs eligibility for such benefits. The State Comptroller, Thomas P. DiNapoli, upheld this decision, leading McCarey to seek judicial review.
The Appellate Division of the Supreme Court of the State of New York, with judges Clark, Fisher, Powers, Mackey, and Corcoran presiding, confirmed the denial of McCarey’s application. The court stated, “In order to be entitled to accidental disability retirement benefits, the burden is on the applicant to demonstrate that his or her incapacitation was the natural and proximate result of an accident sustained while in service.” This ruling reinforces the requirement that applicants must show they were engaged in work-related activities when the injury occurred.
The court found that McCarey’s testimony about his work schedule and the circumstances of the accident were inconsistent with evidence presented during the hearing. Although he claimed he was traveling directly from one inspection site to another, emails from his employer indicated that his shift had not yet started. Furthermore, a map revealed that the accident location was not on the direct route between the two inspection sites.
The ruling emphasized that the State Comptroller has the exclusive authority to determine eligibility for retirement benefits. The court noted, “Respondent is vested with exclusive authority to determine all applications for retirement benefits, including the question of whether an accidental injury was sustained while in service.” This means that the Comptroller's findings must be upheld if supported by substantial evidence.
The implications of this ruling extend beyond McCarey. Public employees seeking accidental disability retirement benefits must now be even more diligent in proving that their injuries occurred while they were performing their job duties. The decision sets a precedent that reinforces the necessity for clarity and consistency in the circumstances surrounding workplace injuries.
Moving forward, this ruling may deter other public employees from filing similar claims unless they can provide clear evidence that they were engaged in work-related activities at the time of their injuries. The court's decision also underscores the importance of accurate record-keeping and communication between employees and their employers regarding work schedules and duties.
As for what’s next for McCarey, it is unclear whether he will appeal the decision. The court's ruling is final unless challenged in a higher court. There are no related cases pending that could influence this decision.