2 No. 182 SSM 28
In the Matter of William Schafer
et al.,
Appellants, v. Edward Reilly, &c., et al.,
Respondents.
2004 NY Int. 118
September 14, 2004
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Wayne J. Schaefer, for appellants. Respondents precluded.
MEMORANDUM:
The order of the Appellate Division should be reversed, with
costs, and the judgment of Supreme Court reinstated.
The Appellate Division upheld the Department's denial of
section 207-c benefits to petitioners -- corrections officers
employed by the Nassau County Sheriff's Department -- based on
erroneous application of a heightened risk standard.
Eligibility for General Municipal Law § 207-c benefits is not
contingent upon a covered municipal employee's demonstrating an
injury sustained in the performance of special work related to
the heightened risks and duties inherent in law enforcement
( Matter of Theroux v Reilly, 1 NY3d 232, 239 [2003]). Rather,
to be eligible for section 207-c benefits, a covered municipal
employee need only prove, as did petitioners in this case, a
'direct causal relationship between job duties and the resulting
illness or injury'( Matter of Theroux, 1 NY3d at 243-244).