July 2008

In an unpublished opinion, the Appellate Division, Superior Court of New Jersey upheld the decision of the Merit System Board, New Jersey Department of Personnel, that the appellant’s failure to file his appeal of the Final Notice of Disciplinary Action within twenty (20) days from the issuance of the Final Notice of Disciplinary Action barred…

This is the second entry drafted by Michael P. DeRose concerning the utilization and implementation of Weingarten rights by New Jersey Public Safety Officers.

Subsequent to the invocation of Weingarten Rights by a New Jersey Public Safety Officer, the supervising authority conducting the interview must:

  • cease questioning until the union representative arrives;
  • cancel or postpone

…

Last week we spoke about medical benefits in the New Jersey Workers’ Compensation System. In this entry we will give a brief overview regarding total permanent disability benefits, and partial total disability benefits.

The third type of benefit that an injured worker is entitled to receive under the New Jersey Workers’ Compensation Act is commonly referred…

In the world of Public Employee Discipline as it pertains to New Jersey municipal police officers, we often turn to N.J.S.A. 40A:14-147, or more commonly referred to as the “45 day rule", in ensuring that municipalities act within a reasonable time frame in bringing disciplinary charges against public safety officers. The New Jersey Attorney General’s Guidelines…

In the case of Christopher v. Board of Trustees of the Police and Firemen’s Retirement System, 33-2-0847, the appellant, a corrections officer, argued to the Superior Court of New Jersey, Appellate Division, that he should receive accidental disability benefits suffered from a combined psychological injury (Post Traumatic Stress Disorder) that…