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7 N.J.A.R. 315
- Pollara, Louis v. Police and Firemen's Retirement System of New Jersey, Board of Trustees of the
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- Citation: 7 N.J.A.R. 315
- Decision Date: 1981
- Agency: POLICE & FIREMEN'S RETIREMENT SYSTEM
- Synopsis: Petitioner, a former patrolman with the Newark Police Depart- ment, filed an application with the Police and Firemen's Retirement System for accidental disability retirement benefits, alleging that he had become totally disabled as a result of a job-related accident. The administrative law judge assigned to the case determined that petitioner's total disability was the direct result of a traumatic event but that the event did not occur during the performance of the petitioner's duties as required by N.J.S,4. 43:16A-7(1). The judge found that petitioner's traumatic event took place in a 15-minute period before the start of petitioner's shift and that the functions performed in that 15-minute period were not part of petitioner's regular or assigned duties. Accordingly, the administrative law judge ordered that petitioner's application for accidental disability retire- ment benefits be denied. Upon review, the Board of Trustees of the Police and Firemen's Retirement System accepted the initial decision. Christopher A. Ferrara, Esq., for petitioner (Peter C. Vitanzo, attorney) Robert K. Walsh, Deputy Attorney General, for respondent (John J. Degnan, Attorney General of New Jersey, attorney)
- Citation Tracker adopted-Bd. of Trustees; reversed -183 N.J. Super. 505 (App. Div. 1982) [Updated through 1991]
- Synopsis: Petitioner, a former patrolman with the Newark Police Depart- ment, filed an application with the Police and Firemen's Retirement System for accidental disability retirement benefits, alleging that he had become totally disabled as a result of a job-related accident. The administrative law judge assigned to the case determined that petitioner's total disability was the direct result of a traumatic event but that the event did not occur during the performance of the petitioner's duties as required by N.J.S,4. 43:16A-7(1). The judge found that petitioner's traumatic event took place in a 15-minute period before the start of petitioner's shift and that the functions performed in that 15-minute period were not part of petitioner's regular or assigned duties. Accordingly, the administrative law judge ordered that petitioner's application for accidental disability retire- ment benefits be denied. Upon review, the Board of Trustees of the Police and Firemen's Retirement System accepted the initial decision. Christopher A. Ferrara, Esq., for petitioner (Peter C. Vitanzo, attorney) Robert K. Walsh, Deputy Attorney General, for respondent (John J. Degnan, Attorney General of New Jersey, attorney)