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31 /usr/local/share/www/libweb/collections/courts/appellate/a4070-18.opn.html -- rank: 576

... is not entitled to accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7. We affirm. I. In October 1999, Davis began working as ... Davis submitted an application for accidental disability retirement pursuant to N.J.S.A. 43:16A-7. He claimed that he was permanently disabled as a result ... Davis was not entitled to accidental disability retirement benefits under N.J.S.A. 43:16A-7, and its decision of April 9, 2019, denying Davis's ...

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32 /usr/local/share/www/libweb/collections/courts/appellate/a1087-19.opn.html -- rank: 576

... condition was a direct result of a traumatic event. See N.J.S.A. 43:16A-7(1). Because we find this case indistinguishable from Richardson v ... qualified as a A-1087-19 4 'traumatic event' under N.J.S.A. 43:16A-7(1) and Richardson. Although finding based on the undisputed testimony ... incident was not ''traumatic' as intended in Richardson, Cattani, or N.J.S.A. 43:16A-7.' A-1087-19 5 Reilly filed exceptions, but the Board ... Court determined that an individual seeking accidental disability benefits under N.J.S.A. 43:16A-7(1) must establish: 1. that he is permanently and totally ... event and his application for an accidental disability pension under N.J.S.A. 43:16A-7 was properly denied.' Id. at 586. In explaining its holding ...

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33 SHONDA HAYES v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 570

... denying her application for accidental disability retirement (ADR) benefits under N.J.S.A. 43:16A-7. ADR benefits are paid at a higher rate than ordinary ... 194 N.J. 29, 43 (2008). The Board concluded that N.J.S.A. 43:16A-7(1), which ordinarily requires filing within five years of the ... was untimely because of the five-year limit found in N.J.S.A. 43:16A-7(1), and awarded her only ordinary disability benefits. This appeal ... or to other circumstances beyond the control of the member. [ N.J.S.A. 43:16A-7(1).] Judicial review of an agency's final decision is ... Gill , 47 N.J. 441 , 444 (1966)). As used in N.J.S.A. 43:16A-7(1), "manifestation" relates to the "disability." In the context of ...

docket:	a2967-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-13
status:	published
citation:	421 N.J. Super. 43 22 A.3d 150
Document Size:	35473

34 EZZARD WILLIAMS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 570

... direct result of a traumatic event within the meaning of N.J.S.A. 43:16A-7. The Board also determined that Williams was not entitled to ... the accidental disability provision, however, a PFRS member must satisfy N.J.S.A. 43:16A-7(1)'s more rigorous requirements.' Mount v. Board of Trs ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1) (emphasis added).] 3 A-1305-16T2 In Richardson v ...

docket:	a1305-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
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35 EVADELL PARKER-ROGERS v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 570

... traumatic event" as required for accidental disability retirement benefits. See N.J.S.A. 43:16A-7 (setting forth the requirements for accidental disability retirement benefits). Following ... the PFRS who seeks accidental disability benefits, as described in N.J.S.A. 43:16A-7, must prove: 1. that he [or she] is permanently and ... Sys. , 192 N.J. 189 , 212-13 (2007).] See also N.J.S.A. 43:16A-7(1). 2 This dispute centers on whether claimant's injury ... The amount of an accidental disability benefit is greater. Compare N.J.S.A. 43:16A-7(2)(b) (accidental disability benefits), with N.J.S.A ... 74 (2000) (describing difference between ordinary and accidental disability). 2 N.J.S.A. 43:16A-7(1) provides in part: [T]he member is permanently and ...

docket:	a0921-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	30264

36 ROBERT BROWN, DAVID TOMA, individually et al. v. STATE OF NEW JERSEY, DEPARTMENT TREASURY, DIVISION OF PENSIONS & BENEFITS et al. -- rank: 565

... accidental disability retirement benefit for former police and fire employees. N.J.S.A. 43:16A-7. Subject to certain conditions, the benefit is available to those ... Barone , supra , 107 N.J. at 367.      The amendment to N.J.S.A. 43:16A-7 separated a uniform group of persons receiving accidental disability retirement ... the fiscal integrity of the PFRS fund, the amendment to N.J.S.A. 43:16A-7 is special legislation. The New Jersey Constitution mandates that "[n ...

docket:	A1517-01
court:	NJ Superior Court Appellate Division
decided:	2002-12-17
status:	published
citation:	356 N.J. Super. 71 811 A.2d 501
Document Size:	34750

37 WALTER D. SEVERNS v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 562

... Twp. of W. Windsor, 173 N.J. 502, 549 (2002)). N.J.S.A. 43:16A-7(1) governs the issuance of accidental disability retirement benefits for ... department which his employer is willing to assign to him. [N.J.S.A. 43:16A-7(1).] To qualify for accidental disability retirement benefits, a member ... other duty. [Richardson, 192 N.J. at 212-13 (citing N.J.S.A. 43:16A-7(1)).] In Patterson, the Court held that a 'permanent mental ... determined that the incident was not a traumatic event under N.J.S.A. 43:16A-7. Ibid. The Board found that Russo failed to show that ...

docket:	a1418-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-22
status:	Unpublished
citation:
Document Size:	27942

38 CHRISTOPHER CASTLES v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 562

... the performance of his [or her] regular or assigned duties.' N.J.S.A. 43:16A-7(a)(1). A claimant seeking accidental disability retirement benefits must ... duty. [Richardson, 192 N.J. at 212-13; See also N.J.S.A. 43:16A-7(a)(1).] A-0831-21 6 To be traumatic, an ...

docket:	a0831-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-07
status:	Unpublished
citation:
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39 CHERIE MITCHELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 562

... the Court determined that an individual seeking ADR benefits under N.J.S.A. 43:16A-7(1), the analogous provision of the Police and Firemen's ... of [ADR] benefits on satisfying identical standards to those in N.J.S.A. 43:16A-7.' Richardson, 192 N.J. at 192 n.1; see also ...

docket:	a2642-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Unpublished
citation:
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40 VINCENT TAVAGLIONE v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 557

... denied his application for accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7. Tavaglione also appeals from an August 29, 2014 decision of ... with the Board, seeking accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7. On October 20, 2011, Tavaglione and Morris Plains entered into ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1).] Our Supreme Court has explained that to meet the ... was not entitled to accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7. C. Ordinary Disability Benefits. As we noted previously, after the ...

docket:	a5478-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-08
status:	unpublished
citation:
Document Size:	31982

41 /usr/local/share/www/libweb/collections/courts/appellate/a2754-19.opn.html -- rank: 557

... his application for accidental disability retirement (ADR) benefits pursuant to N.J.S.A. 43:16A-7. We affirm. I. In October 2016, Ortiz applied for ADR ... J.S.A. 43:16A- 6, and accidental disability benefits, N.J.S.A. 43:16A-7. Ordinary disability benefits only necessitate that the employee demonstrate that ... result of the performance of his regular or assigned duties.' N.J.S.A. 43:16A- -7(a)(1). '[A]n accidental disability retirement entitles a member ...

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42 VIKTOR DIAZ v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 557

... Instead, 'we review de novo the Board's interpretation of N.J.S.A. 43:16A- 7(1) and our case law.' Id. at 419. N.J.S.A. 43:16A-7(1) authorizes an award of an accidental disability pension provided ... is willing to assign to him. A-3619-21 5 [N.J.S.A. 43:16A-7(1).] In Richardson v. Board of Trustees, Police & Firemen's ... Court 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 ...

docket:	a3619-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-02
status:	Unpublished
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43 JOHN SALVAGGIO - v. POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 551

... record. We therefore find no basis to disturb its decision. N.J.S.A. 43:16A-7(1), governing accidental disability benefits, provides: Upon the written application ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1).] In construing N.J.S.A. 43:16A-7(1), the Court, in Richardson v. Board of Trustees, Police ... that in order to qualify for accidental disability benefits under N.J.S.A. 43:16A-7(1), a member must prove: 1. that he is permanently ... a herniated disc or tear prior to September 2009. Under N.J.S.A. 43:16A-7(1) and Richardson , petitioner has the burden of demonstrating that ...

docket:	a6211-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
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44 JENNIFER GILES v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 551

... the performance of his [or her] regular or assigned duties.' N.J.S.A. 43:16A-7(a)(1). Accordingly, a claimant seeking accidental disability retirement benefits ... duty. [Richardson, 192 N.J. at 212-13.] See also N.J.S.A. 43:16A-7(a)(1); Mount, 233 N.J. at 421. If the ...

docket:	a1049-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-07
status:	Unpublished
citation:
Document Size:	30762

45 /usr/local/share/www/libweb/collections/courts/appellate/a4154-19.opn.html -- rank: 548

... statute or case law.' Russo, 206 N.J. at 27. N.J.S.A. 43:16A-7(a)(1) authorizes an award of an accidental disability pension ... department which his employer is willing to assign to him. [N.J.S.A. 43:16A-7(a)(1).] In Richardson, the Court explained that to establish an entitlement to accidental disability retirement benefits under N.J.S.A. 43:16A-7(a)(1), a claimant must prove: 1. that [s]he ... member's] regular or assigned duties.'' Id. at 213 (quoting N.J.S.A. 43:16A- 7(a)(1)). The Court further explained that 'the fact that ...

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