One of the most common misconceptions is that suffering from pre-existing diseases and/or conditions is an automatic disqualifier from receiving accidental disability retirement benefits. Nevertheless, many applications for accidental disability retirement benefits are denied by the various pension boards due to an employee’s total and permanent disability being attributable to a pre-existing disease or condition.
Recently, the Superior Court of New Jersey, Appellate Division (“Appellate Division”) issued an opinion in the case In the Matter of Frank Harkcom, Bayside State Prison, Department of Corrections. This case reinforces the fact that New Jersey Public Safety Officers must be mindful if there is a temporary (“TRO”) or final restraining order (“FRO”)
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
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
As reported by nj.com, unions representing Jersey City municipal employees have filed an appeal with the state Civil Service Commission, challenging some 100 layoffs the administration has carried out so far this year.
The city changed titles of politically-connected employees to avoid laying them off, kept temporary employees on staff for longer
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
On December 24, 2009, the Appellate Division decided In the Matter of Eugene I. Otto, Police Department, Township of Irvington, Docket No.: A-1112-08T3. In the case, Eugene Otto appealed from a final decision of the Civil Service Commission finding that his removal as a member of the Irvington Police Department was justified and
Most recently, the New Jersey Supreme Court heard argument and deceided the case of Hemsey v. Police and Firemen’s Retirement System, A-15 September 2008 Term, on Certification from the Appellate Division, 393 NJ Super 254 (App. Div. 2007).
Hemsey was hired as a police officer by the City of Trenton in 1973. In