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3 N.J.A.R. 298

Teachers' Pension & Annuity Fund, Board of Trustees of the; Fulco, Joan v
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Citation: 3 N.J.A.R. 298
Decision Date: 1982
Agency: TEACHERS' PENSION & ANNUITY FUND
Synopsis: Petitioner, an elementary school teacher, claimed entitlement to an accidental disability retirement pension due to an injury she suffered when she attempted to open a classroom window. The administrative law judge found that on the day of the incident, petitioner arrived at work at 8:00 a.m. and her injury occurred be- tween that time and 8:15 a.m. The policy of the local board of education required that teachers arrive at school at either 8:30 or 8:35 a.m. The judge found, therefore, that any injury petitioner received when attempting to open her classroom window did not occur during and as a result of the performance by petitioner of her regular or assigned duties as a teacher. Accordingly, the administrative law judge concluded that the peti- tioner had failed to prove that she is permanently and totally disabled as a direct result of a traumatic event occurring during the course of her duties as a teacher and affirmed the denial of an accidental disability allowance. Gary E. Cohen, Esq., for Petitioner (Gurtman, Schomer & Shurkin, Attorneys) Sharon M. Joyce, Deputy Attorney General for Respondent (James R. Zazzali, Attorney General of the State of New Jersey, Attorney)