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16 MICHAEL DENHAM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 609

... 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 a ... 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 member ...

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status:	Unpublished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

17 JOSEPH SHAFTO v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 606

... 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. Cary ... 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 and ... 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 traumatic ... 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 and rejected ...

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status:	unpublished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

18 FRANK CAMINITI v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 601

... 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 Firemen ... 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 an ... denying appellant's application for accidental disability benefits pursuant to N.J.S.A. 43:16A-7(1) is reversed. 1 We use initials because the identity of ...

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

19 EDWARD ESTOK v. BOARD OF TRUSTEES POLICE AND FIREMAN'S RETIREMENT SYSTEM - -- rank: 594

... 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 continuously ... 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 under ... 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 after ... 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 from Henderson ...

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status:	unpublished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

20 JUAN CORBACHO v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 594

... department which his employer is willing to assign to him. [ N.J.S.A. 43:16A-7(1).] As is clear from our factual recitation, the Supreme Court has clarified and refined the framework of N.J.S.A. 43:16A-7(1) through a trilogy of cases. Consideration of these opinions is ...

docket:	a1810-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-07
status:	unpublished
citation:
Document Size:	44490

21 CHERIE MITCHELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 592

... 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 Retirement ...

docket:	a2642-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Unpublished
citation:
Document Size:	38575

22 RODERICK KNOX v. BOARD OF TRUSTEES POLICE and FIREMEN'S RETIREMENT SYSTEM - -- rank: 587

... 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 a ... 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 greater ... 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 his ... 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 retirement ... 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 causation ...

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

23 WAYNE HUNDEMANN v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 579

... 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 Hundemann ... 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 Hundemann ... 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 to ... 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 report ... 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 accidental disability ...

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

24 EZZARD WILLIAMS v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 579

... 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., ____ N ... 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. Board ...

docket:	a1305-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	36487

25 JOHN SALVAGGIO - v. POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 559

... 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 by ... 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 and ... 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 and ... 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 the ...

docket:	a6211-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
citation:
Document Size:	23166

26 ELDRIDGE HAWKINS II v. ANDREW HUTTER, M.D. -- rank: 559

... 52 (1976)). Here, plaintiff applied for accidental disability retirement benefits. N.J.S.A. 43:16A-7(1) states: Upon the written application by a member in service ...

docket:	a1783-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-07
status:	unpublished
citation:
Document Size:	44559

27 EBONY BROWN v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 542

... 2007), clarifying 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 retirement ... 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. In this instance ...

docket:	a1014-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-11
status:	Unpublished
citation:
Document Size:	16071

28 ANTHONY MARQUES v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 534

... department which his employer is willing to assign to him.' N.J.S.A. 43:16A-7(1). That finding is irrelevant where the employee has been terminated ...

docket:	a3934-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-13
status:	Unpublished
citation:
Document Size:	10725

29 VINCENT TAVAGLIONE v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 527

... 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 statutory ...

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

30 MICHAEL NOWICKI v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 527

... 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 member ...

docket:	a2966-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
Document Size:	19577