Search Rutgers Law Library N.J. Court Opinions

16 FRANK CAMINITI v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 668

... Against this background, appellant sought accidental disability benefits pursuant to N.J.S.A. 43:16A-7(1), which provides that a member of the Police and ... denied appellant's application. Construing eligibility to receive benefits under N.J.S.A. 43:16A-7, the ALJ applied the then prevailing legal standard in the ... type of circumstances would satisfy the traumatic event standard of N.J.S.A. 43:16A-7: [T]o obtain accidental disability benefits, a member must prove ... of January 20, 2000, was considered a traumatic event under N.J.S.A. 43:16A-7 and relevant case law, and denied appellant's application. III ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1) (emphasis added).] The original version of this statute provided ... s intention when it adopted the "traumatic event" language in N.J.S.A. 43:16A-7. Id. at 212. The following year, the Court again ...

docket:	a1994-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	published
citation:	431 N.J.Super. 1 66 A.3d 192
Document Size:	63695

17 TERRENCE CROWDER v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 663

... 2008 incident was a traumatic event within the meaning of N.J.S.A. 43:16A-7 and that Crowder is permanently and totally disabled from the ... Accidental disability retirement benefits under the PFRS are governed by N.J.S.A. 43:16A-7, which provides in part: any member may be retired on ... be filed within five years of the original traumatic event.' N.J.S.A. 43:16A-7(1) (emphasis added). The Board may consider an application filed ... the prior incidents constituted traumatic events within the meaning of N.J.S.A. 43:16A-7, Crowder did not file an application for accidental disability retirement ... to a delayed manifestation of the disability, as mandated by N.J.S.A. 43:16A-7(1). To the contrary, Crowder conceded he has no evidence ... applicants to determine whether they are eligible for disability retirement. [ N.J.S.A.] 43:16A-7. The Board also compared the probative value of its ...

docket:	a0094-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-10
status:	Unpublished
citation:
Document Size:	42047

18 JOSEPH SHAFTO v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 654

... accidental disability retirement benefits with the PFRS Board pursuant to N.J.S.A. 43:16A-7, certifying he was completely and permanently physically unable to perform ... the PFRS Board awarded Shafto accidental disability retirement benefits under N.J.S.A. 43:16A-7 based on additional information he provided. However, in a letter ... her] employer is willing to assign to him [or her]. [ N.J.S.A. 43:16A-7(1).] The ALJ heard the testimony of Dr. Berman, Dr ... of his regular or assigned duties" as a police officer. N.J.S.A. 43:16A-7(1). After carefully reviewing the record developed before the ALJ ... her]. [ Russo , supra , 206 N.J. at 27-28 (quoting N.J.S.A. 43:16A-7(1)).] Here, the Medical Review Board found Shafto's 2009 ... did not meet the criteria established by the Legislature in N.J.S.A. 43:16A-7(1). The medical evidence Shafto presented was duly considered ...

docket:	a2002-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-17
status:	unpublished
citation:
Document Size:	26482

19 BARRY LENNON v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 641

... his application for accidental disability retirement (ADR) benefits pursuant to N.J.S.A. 43:16A-7(1). We reverse. I. We briefly summarize the relevant facts ... from the performance of his job duties, as required by N.J.S.A. 43:16A-7, but concluded that the event that caused his disability was ... was not "undesigned and unexpected." The Board also noted that N.J.S.A. 43:16A-7(1) provides that an application for ADR benefits must be ... within five years of the traumatic event, as required by N.J.S.A. 43:16A-7(1), and Lennon had not presented sufficient evidence to show ... v. City of Burlington , 191 N.J. 487 , 502 (2007). N.J.S.A. 43:16A-7(1) provides in pertinent part that a member of the ... the five years after the traumatic event, as required by N.J.S.A. 43:16A-7(1), and Lennon had not shown that the late ...

docket:	a2165-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-21
status:	unpublished
citation:
Document Size:	46942

20 EDWARD ESTOK v. BOARD OF TRUSTEES POLICE AND FIREMAN'S RETIREMENT SYSTEM - -- rank: 627

... that petitioner was eligible for accidental disability benefits pursuant to N.J.S.A. 43:16A-7. We have considered the arguments raised in light of the ... the incidents . . . [we]re not . . . 'traumatic events' as detailed by . . . N.J.S.A. 43:16A-7 and relevant case law." The Board denied petitioner's application ... the performance of duty shall be deemed an ordinary disability. [ N.J.S.A. 43:16A-7(1), (4).] As the Richardson Court noted, "our courts have ... one interpretation." Richardson , supra , 192 N.J. at 196 (quoting N.J.S.A. 43:16A-7(1) (citations omitted). The struggle to interpret the statute continues ... permanent disability." Henderson , supra , slip op. at 30; see also N.J.S.A. 43:16A-7(1) ("the board of trustees may consider an application filed ... s]," which resulted in "a delayed manifestation of the disability." N.J.S.A. 43:16A-7(1). The facts presented in this case are distinguishable ...

docket:	a1446-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-26
status:	unpublished
citation:
Document Size:	41580

21 ELDRIDGE HAWKINS, JR v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 624

... A PFRS member is entitled to accidental disability benefits under N.J.S.A. 43:16A-7(a)(1). Under that provision, PFRS authorizes an award of ... department which his employer is willing to assign to him. [N.J.S.A. 43:16A-7(a)(1).] A-1974-18T3 7 In Richardson, the Court ... permanent disability is the direct result of the 2009 incident. N.J.S.A. 43:16A- 7 explicitly states that to qualify, a member must certify that ... of a traumatic event.'' 192 N.J. at 195 (quoting N.J.S.A. 43:16A-7); see also Gerba, 83 N.J. at 186 (analyzing and ... Ret. Sys., 194 N.J. 29, 42, 50 (2008) (quoting N.J.S.A. 43:16A-7(a)(1)) (imposing requirement that a member prove he or ...

docket:	a1974-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-22
status:	Unpublished
citation:
Document Size:	28164

22 WAYNE HUNDEMANN v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 619

... denied his application for accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7(1). We affirm. In April 2010, the Board determined that ... result of the performance of his regular or assigned duties[.]" N.J.S.A. 43:16A-7(1). The Board determined that the incident, as described by ... as described by Hundemann was not a traumatic event under N.J.S.A. 43:16A-7. The ALJ noted that, under Richardson , the PFRS member seeking ... the workplace qualifies as an undesigned, unexpected traumatic event under N.J.S.A. 43:16A-7(1). The PFRS stated that the matter should be remanded ... and, therefore, the incident qualified as a traumatic event under N.J.S.A. 43:16A-7(1); (3) his testimony, as corroborated by his supervisor's ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1).] In Richardson , 189 (2007), the Court held that ...

docket:	a6201-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	26798

23 FABIAN FAZZARI v. BOARD OF TRUSTEES, THE POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 616

... result of the performance of his regular or assigned duties." N.J.S.A. 43:16A-7. In addition, the retirement application must be filed within five ... of Fazzari's application for accidental disability benefits. In discussing N.J.S.A. 43:16A-7(1), Richardson , and Patterson , the ALJ conclude[d] that the ... found that the incident was not a "traumatic event" under N.J.S.A. 43:16A-7. Ibid. Russo appealed. Ibid. Before the ALJ concluded the hearing ... but held that his claim was filed out of time. N.J.S.A. 43:16A-7(1) requires the applicant to seek accidental disability benefits "within ... triggering event. Ibid. In reversing, we observed: As used in N.J.S.A. 43:16A-7(1), "manifestation" relates to the "disability." In the context of ...

docket:	a0351-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-19
status:	unpublished
citation:
Document Size:	89551

24 GEORGE POLITZA v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 616

... result of regular or assigned duties as statutorily required under N.J.S.A. 43:16A-7(1). . . . . The Supreme Court in Kasper specifically did not classify ... 554 (2009). To establish eligibility for accidental disability retirement benefits, N.J.S.A. 43:16A-7(1) requires an applicant to be permanently and totally disabled ... J.S.A. 18A:66-39(c), which, identical to N.J.S.A. 43:16A-7, requires that the traumatic event occur "during and as a ... result of regular or assigned duties as statutorily required under N.J.S.A. 43:16A-7(1). Here, of course, petitioner suffered the traumatic event off ...

docket:	a2057-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-05
status:	unpublished
citation:
Document Size:	22870

25 IN THE MATTER OF JUAN CLASS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 611

... whether the incident was a "traumatic event" as required by N.J.S.A. 43:16A-7. Administrative Law Judge ("ALJ") Douglas H. Hurd, conducted a hearing ... the incident was not a "traumatic event" as required by N.J.S.A. 43:16A-7 and defined by caselaw. The matter proceeded to the OAL ... officer may constitute a 'traumatic event' within the intent of N.J.S.A. 43:16A-7, even though the officer's actions in responding to that ... officer may constitute a 'traumatic event' within the intent of N.J.S.A. 43:16A-7, even though the officer's actions in responding to that ...

docket:	A2170-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-18
status:	unpublished
citation:
Document Size:	57495

26 MICHAEL DENHAM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 600

... on April 2, 2014. A-5052-16T1 2 Relying on N.J.S.A. 43:16A-7,3 the ALJ determined the 'prohibition of granting an ADRB ... the extent the 'beneficiary is able to perform either 3 N.J.S.A. 43:16A-7(1) provides in pertinent part: Upon the written application by ... urges us to adopt another ALJ's holding that neither N.J.S.A. 43:16A-7 nor any other statute or regulation sanctions the denial of ... J.A.C., 454 N.J. Super. at 399-400. N.J.S.A. 43:16A-7(1) dictates – in the present tense – that 'a ...

docket:	a5052-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-01
status:	Unpublished
citation:
Document Size:	20051

27 MARCO SEMINARIO v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 597

... and accidental disability. N.J.S.A. 43:16A-6; N.J.S.A. 43:16A-7. Typically, ordinary disability benefits are less generous than accidental disability ... Firemen's Ret. Sys., 192 N.J. 189, 194 (2007))). N.J.S.A. 43:16A-7 allows a PFRS employee to retire on an accidental disability ...

docket:	a0824-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	17607

28 RODERICK KNOX v. BOARD OF TRUSTEES POLICE and FIREMEN'S RETIREMENT SYSTEM - -- rank: 589

... firefighter for what is known as 'accidental disability' pension under N.J.S.A. 43:16A-7(1) and its associated regulations. The case arises out of ... with a short summary of the applicable eligibility principles. Under N.J.S.A. 43:16A-7(1), an accidental disability pension provides an eligible employee with ... requirements than an ordinary disability pension. Of most relevance here, N.J.S.A. 43:16A-7(1) requires the applicant to prove, among other things, that ... clarified the meaning of the term “traumatic event” under N.J.S.A. 43:16A-7(1). As delineated in Richardson, a claimant for accidental disability ... caused his arm reinjury was not, under the criteria of N.J.S.A. 43:16A-7(1) and Richardson, 'undesigned and unexpected.' Second, as to medical ...

docket:	a5039-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-12
status:	Unpublished
citation:
Document Size:	19270

29 Kasper v. Board of Trustees of the Teachers' Pension and Annuity Fund -- rank: 586

... System (PFRS), N.J.S.A. 43:15A-43 and N.J.S.A. 43:16A-7. ����The present version of N.J.S.A. 34:15 ...

docket:	a-33-99
court:	njsupreme
decided:	2000-07-18
status:
citation:	164 N.J. 564
Document Size:	52143

30 DENNIS COAXUM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 586

... December 11, 2018, the Board denied his application pursuant to N.J.S.A. 43:16A-7. On March 25, 2019, the matter was transferred to the ... disabilities. See N.J.S.A. 43:16A-6 - 7. N.J.S.A. 43:16A-7 governs accidental disability retirement and provides: Upon the written application ... department which his employer is willing to assign to him. [N.J.S.A. 43:16A-7(a)(1).] The ALJ concluded Dennis failed to prove, by ... Board of Trustees, Police & Firemen's Retirement System, in interpreting N.J.S.A. 43:16A-7(a)(1), reasoned '[t]he polestar of the inquiry is ...

docket:	a0568-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-16
status:	Unpublished
citation:
Document Size:	25443