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1 N.J.A.R. 168

Police & Firemen's Retirement System, Board of Trustees; McComb, Joseph J. v
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Citation: 1 N.J.A.R. 168
Decision Date: 1979
Synopsis: McComb, a former detective for the County of Camden, appealed from the denial of his application for accidental disability insurance pursuant to N.J.S.A. 43:16A-7. Testimony before the administrative law judge revealed that McComb had a history of rheumatic heart disease and coronary disease dating back to 1960. In November 1976, McComb was assigned to transport a prisoner from Camden to Wisconsin by plane. In doing so, McComb experienced a 50 degree drop in temperature upon leaving the plane in Wisconsin resulting in difficulty in breathing and chest pains. On his return to Camden, McComb was admitted to a hospital and did not return to work until February 1977. Complaining of similar symptoms, McComb was again admitted to the hospital in April 1978 where he remained for a month. Upon discharge McComb did not return to work. The administrative law judge found that although McComb's exposure to the cold might have constituted a medical 'trauma,' it did not constitute Bd. of Trustees, 69 N.J. 578 (1976) or In re lannelli, 157 N.J. Super. 324 (App. Div. 1978) since it did not involve the application of external force. Additionally, the judge found that while McComb was permanently and totally disabled, this disability was not a direct result of the exposure to cold but to the natural progression of an advanced heart condition. Accordingly, the administrative law judge concluded that McComb was not entitled to accidental disability insurance pursuant to N.J.S.A. 43:16A- 7. Timothy J.P. Quinlan, Esq., for Petitioner Prudence H. Bisbee, Deputy Attorney General for Respondent (John J. Degan, Attorney General of New Jersey, Attorney) State of New Jersey 169
Citation Tracker adopted-Bd, of Trustees; affirmed -App. Div., A-827-79, 10/30/80 (unreported) [Updated through 1991]