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16 BARBARA CANNELLA - v. BOARD OF TRUSTEES, THE PUBLIC EMPLOYEES\' RETIREMENT SYSTEM -- rank: 679

... Board) denying her application for accidental disability retirement benefits under N.J.S.A. 43:15A-43. We affirm. The relevant facts are not disputed. On December ... not qualify for accidental disability benefits within the meaning of N.J.S.A. 43:15A-43. In order to be entitled to accidental disability retirement benefits ... result of the performance of [her] regular or assigned duties." N.J.S.A. 43:15A-43. The Board determined that she did not meet this criterion ... result of the performance of [her] regular or assigned duties." N.J.S.A. 43:15A-43. Because the facts are not in dispute, this case turns ... performance of his regular or assigned duties" was added to N.J.S.A. 43:15A-43 in 1966 and replaced language that provided coverage for injuries ... systems and expressly addressing the teachers' accidental disability pension system, N.J.S.A. 43:15A-43. In making this argument, plaintiff relies on Kasper where ...

docket:	a4389-07
court:	superior court appellate division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	29710

17 DENNIS SCHUCK - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 671

... 8, 2008 constituted a "traumatic event" within the meaning of N.J.S.A. 43:15A-43; however, Schuck was not declared totally and permanently disabled as ... In 1966, the Legislature amended the accidental disability provisions of N.J.S.A. 43:15A-43 to require a member of the pension system to show ... result of the performance of his regular or assigned duties[.]" N.J.S.A. 43:15A-43. The amendment also provided that "[p]ermanent and total disability ... will be characterized as less than 'direct' for purposes of N.J.S.A. 43:15A-43 is a policy determination which the legislature has delegated in ... two events constituted a "traumatic event" within the meaning of N.J.S.A. 43:15A-43, but found there was sufficient medical evidence in the record ... cause of an "accidental" disability, what is now required by N.J.S.A. 43:15A-43 is a traumatic event that constitutes the essential significant ...

docket:	a4241-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-13
status:	unpublished
citation:
Document Size:	31263

18 VIRGINIA GOERG v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 656

... failed to comply with the filing mandates set forth in N.J.S.A. 43:15A-43 and N.J.S.A. 43:15A-7(e). There ... be filed 'within five years of the original traumatic event.' N.J.S.A. 43:15A-43. Active PERS membership expires when an individual has discontinued service ...

docket:	a0054-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Unpublished
citation:
Document Size:	10902

19 DAVID TELOFSKI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 635

... his application for accidental disability retirement benefit s pursuant to N.J.S.A. 43:15A-43. In doing so, the Board rejected the initial decision of ... ordinary, N.J.S.A. 43:15A-42, and accidental, N.J.S.A. 43:15A-43, disability benefits. '[A]n accidental disability retirement entitles a member ... result of the performance of his regular or assigned duties . . . .' N.J.S.A. 43:15A-43; see also Richardson, 192 N.J. at 212-13. The ...

docket:	a0048-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	19464

20 ISABEL NICHOLS - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 630

... N.J. 591 , 597-98 (1969)). Nichols sought benefits under N.J.S.A. 43:15A-43, which allows an injured public employee to retire and collect ... conduct, both necessary prerequisites to a benefit award pursuant to N.J.S.A. 43:15A-43. Nichols relies on Kasper v. Board of Trustees of the ... result of the performance of [her] regular or assigned duties[.]" N.J.S.A. 43:15A-43. See Kasper , supra , 164 N.J. at 588 (stating an ... occurred "during and as a result of" her employment per N.J.S.A. 43:15A-43. SLI provides temporary relief by granting a leave of absence ...

docket:	a5615-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-03
status:	unpublished
citation:
Document Size:	19497

21 PATRICIA TOSCANO v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 617

... 1 Toscano originally applied for accidental disability retirement benefits under N.J.S.A. 43:15A-43. Ultimately, the Board denied eligibility for both accidental and ordinary ... performance of her regular and assigned duties' as defined by ' N.J.S.A. 43:15A-43 and relevant case law.' However, the Board voted to postpone ...

docket:	a0861-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Unpublished
citation:
Document Size:	60233

22 JENNY STANKOWSKI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 606

... s Ret. Sys., 192 N.J. 189, 212-13 (2007); N.J.S.A. 43:15A- 43.] Only the first two elements are at issue in this ... an underlying condition, such as osteoarthritis, is an 'ordinary' disability); N.J.S.A. 43:15A- 43 (stating that 'permanent and total disability resulting from a . . . musculo ...

docket:	a0450-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-28
status:	Unpublished
citation:
Document Size:	31570

23 Patterson v. Board of Trustees, State Police Retirement System -- rank: 593

... are also offered under the Public Employees’ Retirement System (PERS), N.J.S.A. 43:15A-43; Prison Officers’ Pension Fund, N.J.S.A. 43:7 ...

docket:	a-99-05
court:
decided:	2008-03-11
status:
citation:	194 N.J. 29
Document Size:	111362

24 JOSEPHINE VIGLIETTA v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 583

... denying her application for accidental disability retirement benefits, pursuant to N.J.S.A. 43:15A-43. Misapplying the applicable law, the Board found Viglietta was not ... we focus on the legal standard applied by the ALJ. N.J.S.A. 43:15A-43 governs and sets forth the requirements for members of the ... was not a direct result of a [11]  traumatic event.' N.J.S.A. 43:15A-43. While the   statutory definition stresses that the resulting disability must ... whether she is entitled to the enhanced compensation provided by N.J.S.A. 43:15A-43. Affirmed in part and reversed and remanded in part.  We ...

docket:	a4530-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-30
status:	Published
citation:
Document Size:	27356

25 PEARL DUCK v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 575

... s willful negligence; and 1 The Public Employees' Retirement System, N.J.S.A. 43:15A-43, like other public employee pensions systems, 'conditions the grant of ...

docket:	a0219-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-20
status:	Unpublished
citation:
Document Size:	18786

26 JAMES DEFEO v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 575

... meet to be eligible for an accidental disability pension. See N.J.S.A. 43:15A-43. Left for his determination was whether petitioner had demonstrated he ... entitlement to accidental disability retirement benefits. We affirm. Pursuant to N.J.S.A. 43:15A-43, a member of PERS may be retired on an accidental ...

docket:	a0448-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-09
status:	unpublished
citation:
Document Size:	27575

27 BELINDA DODSON v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 575

... that she is entitled to accident disability retirement pursuant to N.J.S.A. 43:15A-43 due to the fact that her injury is the result ... an agency's statutory interpretation or other legal determinations. Ibid. N.J.S.A. 43:15A-43 governs accidental disability retirement benefits to a public employee who ... his regular or assigned duties, on an accidental disability allowance. [N.J.S.A. 43:15A-43.] As the Supreme Court held in Gerba v. Board of ... N.J. 174, 186 (1980), 'what is now required by N.J.S.A. 43:15A-43 is a traumatic event that constitutes the essential significant or ...

docket:	a2336-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-23
status:	unpublished
citation:
Document Size:	16594

28 ANNE TOMASELLO-MONAGAS v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 570

... on April 29, 2004, was considered a 'traumatic event'" under N.J.S.A. 43:15A-43. Nonetheless, "the Board determined that petitioner's disability was not ... a direct result of the incident described as detailed by N.J.S.A. 43:15A-43 and relevant case law." Accordingly, the Board denied appellant accidental ... retirement under the Public Employees' Retirement System is governed by N.J.S.A. 43:15A-43. That statute provides in pertinent part: A member who has ... his regular or assigned duties, on an accidental disability allowance. [ N.J.S.A. 43:15A-43.] Under the statute, the term "direct" "connotes relative freedom from ...

docket:	a2361-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	19789

29 DIANE L. MENNA - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 567

... a former State employee for accidental disability retirement benefits under N.J.S.A. 43:15A-43. The employee, Diane L. Menna ("appellant"), appeals a final agency ... permanent disability," which appellant had the burden of proving under N.J.S.A. 43:15A-43 and relevant case law. The Board found that the ALJ ... the statutory standard for eligibility for accidental disability benefits under N.J.S.A. 43:15A-43, the Board reasonably found that the substance of the ALJ ... became apparent that they had not been timely filed. See N.J.S.A. 43:15A-43 (prescribing a five-year time limitation for such claims, subject ...

docket:	a4210-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-15
status:	unpublished
citation:
Document Size:	20456

30 PHILIP CIALLELLA - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM - -- rank: 557

... to severely impact the rear of his Cushman vehicle." See N.J.S.A. 43:15A-43 (requiring proof of a traumatic event causing a disabling injury ... the incident was not a traumatic event, as required by N.J.S.A. 43:15A-43, but "caused by [p]etitioner's own action of picking ... of benefits, maintaining he has met all the requirements of N.J.S.A. 43:15A-43, which provides, in pertinent part: A member who has not ...

docket:	a0344-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-26
status:	unpublished
citation:
Document Size:	35150