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6 N.J.A.R. 371

Pushko, John v. Elizabeth, Board of Education of
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Citation: 6 N.J.A.R. 371
Decision Date: 1984
Agency: DEPARTMENT OF EDUCATION
Synopsis: Following the conclusion of Workers' Compensation proceedings and payment of full salary for one year after the date of a work-related injury, the petitioner contended that he was entitled to payment for 90 days of unused sick leave upon retirement. The administrative law judge assigned to the case found that peti- tioner had applied for and was granted a disability retirement pension, which petitioner did not accept because of the possibility of a better financial return pending the outcome of litigation. The judge con- cluded that such a course of action was contrary to the public interest and petitioner was found not to be entitled to payment for unused sick days based upon salary. He was, however, on the basis of a negotiated agreement between the board and the Education Associa- tion entitled to compensation of $10 per day for 50 percent of his unused accumulated sick leave. Accordingly, the administrative law judge ordered respondent to pay petitioner $450. Fred J, Klein, Esq., for petitioner Raymond D. O'Brien, Esq., for respondent (O'Brien, Liotta & Man- del, attorneys)