Despite the constant influx of novel legal issues caused by the COVID-19 crisis, the New Jersey Appellate Division is still busy at work rendering decisions on all aspects of the law, including those related to labor and employment. Case in point: M.R. v. Board. of Trustees (PERS), No. A-6015-17T4, 2020 N.J. Super. Unpub. LEXIS
Disability Retirement
Murphy Signs Law Amending Disability Pension Statute Affording More Opportunity for 9/11 First Responders
As reported by NJ.com, New Jersey first responders who volunteered at Ground Zero after the Sept. 11 attacks are now eligible for an accidental disability pension under a bill signed into law by Gov. Phil Murphy on Monday. It was one of two 9/11-related measures Murphy signed during a ceremony attended by more than…
The Effect of Resignation on your Application for Disability Retirement
A recent opinion rendered by the Appellate Division has important implications for all law enforcement officers, and all public employees for that matter, who are considering applying for disability retirement while simultaneously fighting disciplinary charges. The case, Cardinale v. Board of Trustees, Police and Firemen’s Retirement System, A-1997-17T1, involved a police officer who was…
Supreme Court Clarifies Meaning of “Undesigned and Unexpected” Event To Qualify For Accidental Disability Benefits For A Mental Disability
As reported by the New Jersey Law Journal, the New Jersey Supreme Court recently clarified the meaning of the term “undesigned and unexpected” event as it pertains to qualifying for accidental disability retirement benefits for a mental disability in the case of Mount v. Board of Trustees, Police and Firemen’s Retirement System. In the…
NJ Public Employee Involuntary Disability Applications: Notice Must Be Given On Type of Benefits Being Sought
As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the matter Westphal v. Board of Trustees, Police and Firemen’s Retirement System, which addressed certain issues associated with the filing of involuntary disability retirement applications. In the case, the Petitioner, William Westphal, appealed from the Board of…
Appellate Division Again Considers Meaning of “Undesigned and Unexpected” in NJ Public Employee Accidental Disability Appeals
The Appellate Division once again the considered the “undesigned and unexpected” standard as it pertains to qualifying for accidental disability retirement benefits in the case of Mason v. Bd. of Trustees, Police and Firemen’s Retirement System. In the case, the appellant alleged she was injured while qualifying with a firearm for her work as…
Correction Officer Hit In Face With Feces Gets New Pension Appeal Hearing
As reported by NJ.com, a State Correction Officer will get another chance to prove he deserves a higher pension due to a fight with an inmate who threw a tray of feces into his face, the Appellate Division ruled. George Garrett will get a new pension board hearing because an administrative law judge did…
Appellate Division Approves Jersey City Firefighter Application for Accidental Disability Benefits
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Christie Sets Up Investigatory Unit for Alleged Public Employee Pension Fraud
As reported by NJ.com, on August 7, 2013, Governor Christie signed an executive order creating a new investigatory unit to uncover alleged pension fraud and disability fraud perpetrated by public employees across the State of New Jersey. The Governor’s Office stated that the new unit would work side by side with the Attorney General’s Office to…
Denial of Application for Accidental Disability Retirement Benefits Upheld
On September 27, 2010, the Appellate Division decided Briane K. Washington v. Board of Trustees, Police and Firemen’s Retirement System, Docket No.: A-1857-08T1. In the case, Briane Washington (“Washington”), a former Essex County Correction Officer, applied for accidental disability retirement benefits as a result of an incident on February 21, 2005, when an…