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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — General Municipal Law: Wydra v. City of Rochester

Fourth Department — General Municipal Law: Wydra v. City of Rochester

Appellate Division, Fourth Department

General Municipal Law

Work Related Injury — Mental Illness

Wydra v. City of Rochester
TP 11-00163
Transferred from Supreme Court, Monroe County

Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination to discontinue the payment of benefits to her under section 8A-6 of the City of Rochester Charter and to terminate her employment as a police officer. The petitioner alleged that she was unable to work as she suffered from depression and anxiety.

Ruling: The appellate division granted the petition. The appellate division found that the charter provision, a version of General Municipal Law § 207-c, provided that the chief of police shall compensate any member of the police department who is injured in the performance of his or her duties. The petitioner’s treating psychologist testified that certain work-related incidents caused the petitioner to become severely depressed and anxious, rending her unfit for duty. The respondent’s expert witness agreed that her psychological condition was related to the job.

Lawrence J. Andolina of Trevett Cristo Salzer & Andolina PC for the petitioner; Igor Shukoff, corporate counsel, for the respondent