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12 N.J.A.R. 129

Police and Firemen's Retirement System, Board of Trustees; Ciecwisz, Richard v
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Citation: 12 N.J.A.R. 129
Decision Date: 1986
Agency: POLICE & FIREMEN'S RETIREMENT SYSTEM
Synopsis: Petitioner appealed the denial of his application for an accidental disability retirement allowance. The matter was transmitted to the Office of Administrative Law for a hearing. Petitioner, a former corrections officer, was injured three times at work. He is permanently and totally disabled. Petitioner claims his injuries were the result of traumatic events, which would make him eligible for accidental disability. The administrative law .judge assigned to the case concluded that the claim related to the first injury was not filed within the required five-year deadline. The judge ruled that the second accident, when petitioner slipped on cooking oil spilled in a prison kitchen and fell, was not a traumatic event. The third injury resulted from an alter- cation with a deranged inmate. The administrative law judge found that this event was traumatic. However, because petitioner's disability was not caused by that event, but rather resulted from the cumulative impact of all three injuries, he was not entitled to accidental disability retirement. The judge sustained the denial of accidental disability. Upon review, the Board of Trustees of the Police and Firemen's Retirement System affirmed this initial decision. In an unreported decision, the Appellate Division held that the slip-and-fall accident in the prison was a traumatic event. The Su- preme Court reversed and reinstated the decision of the Board. Citing its ruling in the Maynard case (See, 12 N.J./I.R. 120), which was decided the same day, the Supreme Court said a 'slip-and-fall' does not constitute a traumatic event. Peter J. Farnsworth, Esq. for petitioner (Madnick, Milstein, Mason & Weber, attorneys) Eileen C. Stokley, Deputy Attorney General for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Citation Tracker adopted-Bd. of Trustees; reversed & remanded-App. Div., A652-86-T8, 4/1/87 (unreported); reversed -113 N.J. 180 (1988) [Updated through 1991]