New Jersey Public Safety Officers Law Blog

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Public Safety Officers Law Blog

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Tag Archives: accidental disability benefits

NJ Public Employee Involuntary Disability Applications: Notice Must Be Given On Type of Benefits Being Sought

Posted in Disability Retirement
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 Trustees’ denial… Continue Reading

Appellate Division Again Considers Meaning of “Undesigned and Unexpected” in NJ Public Employee Accidental Disability Appeals

Posted in Disability Retirement
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 a Correction Officer… Continue Reading

Denial of Application for Accidental Disability Retirement Benefits Upheld

Posted in Disability Retirement
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 inmate, who… Continue Reading

Denial of Accidental Disability Retirement Application Upheld

Posted in Disability Retirement
  On October 13, 2009, the Appellate Division decided Raymond Joseph Foster, III v. Board of Trustees, Police and Firemen’s Retirement System, Docket No.: A-5666-07T2. In the case, Raymond Joseph Foster, III, a member of the Police and Firemen’s Retirement System (“PFRS”), appealed from the final decision of the Board of Trustees (“Board”), upholding the… Continue Reading

NEW ISSUES ARISE UNDER RICHARDSON

Posted in Disability Retirement
 Since the New Jersey Supreme Court’s decision in Richardson v. Board of Trustees, Police and Firemen’s Retirement System, 192 N.J. 189 (2007), we have witnessed more denials of accidental disability applications based on the premise that the member suffered from a pre-existing illness or injury which contributed to the overall disability that prevented the member… Continue Reading
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