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Tag Archives: Accidental Disability

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

NJ Employee Benefits Commission Backs GOP Proposal To Rein In Accidental Disability Claims

Posted in Uncategorized
  As reported by nj.com, a divided state employee benefits commission today backed a Republican proposal to rein in rising accidental disability claims but said lawmakers should remove a provision that unfairly punishes workers who are permanently injured on the job. The GOP bill would reduce accidental disability pensions across all retirement systems to 40… Continue Reading

PR&A Wins Notable Public Pension Appeal

Posted in Retiree Benefits
On July 30, 2010, the Appellate Division decided James Henderson v. Board of Trustees, Public Employees’ Retirement System, Docket No.: A-6176-08T2. In the case, James Henderson appealed the Board of Trustees of the Public Employees’ Retirement System’s (“Board”) denial of his application for accidental disability benefits. Frank M. Crivelli, Esq. and Donald C. Barbati, Esq. of… Continue Reading

Montclair Police Officer Responds to Fire Then Denied Accidental Disability

Posted in Disability Retirement
On January 27, 2010, the Appellate Division decided Gregory Russo v. Board of Trustees, Police and Firemen’s Retirement System, Docket No.: A-3706-08T2. In the case, Gregory Russo appealed from the March 10, 2009 final determination of the Board of Trustees of the Police and Firemen’s Retirement System (“Board”) denying his application for accidental disability benefits.… Continue Reading

Denial of Accidental Disability for Mental Injury Sustained

Posted in Disability Retirement
  On January 21, 2010, the Appellate Division decided In the Matter of Rosemarie Tatusko, Docket No.: A-2888-08T3. The case involved an appeal from a final decision of the Board of Trustees of the Police and Firemen’s Retirement System which denied Rosemarie Tatusko’s (“Appellant”) application for an accidental disability pension. Appellant was employed by 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

The Difference Between Accidental and Ordinary Disability Benefits Under PERS, TPAF, SPRS, and JRS

Posted in Retiree Benefits
  Following up on our previous entry, this article will help our readers understand the criteria that must be met in order for a public employee to qualify for an ordinary or accidental disability pension within one of the following State pension systems, the Public Employees Retirement System, the Teachers Pension and Annuity Fund, the… Continue Reading

Partial and Total Disabilty Benefits under the New Jersey Workers’ Compensation System

Posted in Workers Compensation
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… Continue Reading

The Denial of Accidental Disability Benefits Cannot Be Appealed Due To A Change In The Law

Posted in Disability Retirement
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 resulted from work at the… Continue Reading

The Richardson Decision: Changing The Face of Accidental Disability Benefits

Posted in Disability Retirement
On July 24, 2007, the New Jersey Supreme Court decided the case of Richardson v. Board of Trustees, Police & Firemen’s Retirement System, 192 NJ 189 (2007). The case addressed a new standard to be applied by New Jersey Courts and Administrative Tribunals in awarding accidental disability retirement benefits under the provisions of various New Jersey… Continue Reading

Accidental and Ordinary Disability Benefits Under The Police and Firemen’s Retirement System

Posted in Disability Retirement
During the course of a public safety officer’s career, many uniformed employees become injured and disabled on the job. If a public safety officer is unable to continue his or her employment as a result of the injury, they are often left with no choice but to medically retire. The Police and Firemen’s Retirement System (PFRS), is… Continue Reading
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