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61 MICHAEL SPALLINA v. TOWNSHIP OF BRICK -- rank: 508

... disability, not his or her length of service or age. N.J.S.A. 43:16A-7 controls accidental disability retirement, for which there is no years ... so long as he or she satisfies the statutory criteria. N.J.S.A. 43:16A-7(1). This is why accidental disability retirees receive an "enhanced ...

docket:	a1979-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-21
status:	published
citation:	446 N.J.Super. 61 140 A.3d 577
Document Size:	34706

62 JOSEPH CASTRACANE v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 508

... condition was a direct result of a traumatic event. See N.J.S.A. 43:16A-7(1). We affirm. The essential facts are undisputed. Castracane was ... 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 ... Richardson, 192 N.J. at 213 (alteration in original) (quoting N.J.S.A. 43:16A-7(1)). But Castracane's testimony establishes that his wading into ...

docket:	a2755-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-05
status:	Unpublished
citation:
Document Size:	17613

63 YESSENIA MONTALVO v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 508

... person in similar circumstances to suffer a disabling mental injury. N.J.S.A. 43:16A-7(1) also requires an applicant to be permanently and totally ... employee's regular or assigned duties as statutorily required under N.J.S.A. 43:16A-7(1). The Board's denial of benefits, based on the ... is fully consistent with the requirement of the governing statute, N.J.S.A. 43:16A-7(1), and governing case law, Richardson , supra , 192 N.J ...

docket:	a0377-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-06
status:	unpublished
citation:
Document Size:	22980

64 ELSIE MENDOZA-CARO v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 502

... 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 A ... of his usual duty and of any other available duty.' N.J.S.A. 43:16A-7(a)(1). Typically, the application for accidental disability must be ...

docket:	a5280-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-27
status:	Unpublished
citation:
Document Size:	19751

65 J.A.W v. BOARD OF TRUSTEES, STATE POLICE RETIREMENT SYSTEM - -- rank: 502

... is unlike N.J.S.A. 43:16-2 and N.J.S.A. 43:16A-7, the Police and Firemen's Retirement System (PFRS) disability provisions ...

docket:	a1570-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	37337

66 IRMA NIEVES v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 499

... Retirement System denying her application for accidental disability retirement benefits, N.J.S.A. 43:16A-7. Nieves, while working as a corrections officer employed by the ... an employee seeking accidental disability benefits is set forth in N.J.S.A. 43:16A-7(1). When the disabling injury is "based on a mental ... the undesigned and unexpected prong mandated by the statute. See N.J.S.A. 43:16A-7(1); Richardson , supra , 192 N.J. at 212. The discussion ...

docket:	a4158-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-08
status:	unpublished
citation:
Document Size:	33617

67 MICHELLE RICKETTS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 497

... November 6, 2003, (Ricketts) constituted a "traumatic event" pursuant to N.J.S.A. 43:16A-7 and relevant case law. 1 Appellants requested administrative hearings and ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1).] In Richardson , supra , the Supreme Court outlined the elements ... a meritorious claim for accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7(1), stating that a successful claimant must prove: 1. that ...

docket:	a6325-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-06
status:	unpublished
citation:
Document Size:	44417

68 DANIEL LYNCH v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 497

... his application for accidental disability retirement (ADR) benefits pursuant to N.J.S.A. 43:16A-7. We affirm. I. In July 2012, petitioner applied for ADR ... ordinary, N.J.S.A. 43:16A-6, and accidental, N.J.S.A. 43:16A-7(1), disability benefits. '[A]n accidental disability retirement entitles a ...

docket:	a3532-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-08
status:	Unpublished
citation:
Document Size:	22450

69 MICHAEL BENT VS. BOARD OF TRUSTEES, ETC. -- rank: 497

... his application for accidental disability retirement (ADR) benefits pursuant to N.J.S.A. 43:16A-7(a)(1). We affirm. I. Bent worked as a senior ... the performance of his [or her] regular or assigned duties.' N.J.S.A. 43:16A-7(a)(1). ADR 'entitles a member to receive a higher ... or any other duty. [Id. at 212-13; see also N.J.S.A. 43:16A-7(a)(1).] Our courts have concluded that the words 'traumatic ...

docket:	a0677-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	15909

70 KATHY DIXON v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 497

... November 6, 2003, (Ricketts) constituted a "traumatic event" pursuant to N.J.S.A. 43:16A-7 and relevant case law. 1 Appellants requested administrative hearings and ... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1).] In Richardson , supra , the Supreme Court outlined the elements ... a meritorious claim for accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7(1), stating that a successful claimant must prove: 1. that ...

docket:	a6326-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-06
status:	unpublished
citation:
Document Size:	44411

71 GERALD CORSO v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 494

... 27, 1988, to accidental disability retirement benefits as defined by N.J.S.A. 43:16A-7 and relevant case law." Thereafter, petitioner requested an appeal of ... of the PFRS are accorded presumptions of validity and reasonableness. N.J.S.A. 43:16A-7 and relevant case law. Prior to 1964, the statute provided ...

docket:	A0353-05
court:	NJ Superior Court Appellate Division
decided:	2006-06-23
status:	unpublished
citation:
Document Size:	49482

72 JOHN KAROLINSKI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 494

... the statute governing the Police and Firemen's Retirement System, N.J.S.A. 43:16A-7, its language is identical to N.J.S.A. 43 ...

docket:	a3333-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-30
status:	Unpublished
citation:
Document Size:	15605

73 ADAM MOGUL v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 489

... Board found Mogul ineligible for accidental disability retirement benefits under N.J.S.A. 43:16A-7(1). We affirm. I. Except as noted, the following facts ... result of the performance of his regular or assigned duties." N.J.S.A. 43:16A-7(1). "'[T]he question of what constitutes a "traumatic event ... Our Supreme Court has declared that "a traumatic event" under N.J.S.A. 43:16A-7(1) must be "undesigned and unexpected." Richardson v. Bd. of ...

docket:	a2214-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	41409

74 ERIC STRAUB v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 489

... Straub was not entitled to accidental disability retirement benefits under N.J.S.A. 43:16A-7, but instead granted him ordinary disability retirement benefits under N ...

docket:	a2308-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-12
status:	Unpublished
citation:
Document Size:	17288

75 DENZAL MCCLUTCHER - v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 489

... a police car qualifies as a "traumatic event" pursuant to N.J.S.A. 43:16A-7. We affirm. McClutcher worked as a police officer for several ... the ALJ denied his claim. 1 The ALJ noted that N.J.S.A. 43:16A-7 allows for accidental disability benefits when a person is "permanently ... which caused blood clots, qualifies as a "traumatic event" under N.J.S.A. 43:16A-7 and Richardson , supra , 192 N.J. at 212-13. The ... evidence that McClutcher did not suffer a "traumatic event" under N.J.S.A. 43:16A-7. Affirmed. 1 McClutcher received ordinary disability benefits effective November 1 ...

docket:	a3466-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-27
status:	unpublished
citation:
Document Size:	14057