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12 N.J.A.R. 937

Police and Firemen's Retirement System, Bd. of Trustees of the; Cook, William L. v
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Citation: 12 N.J.A.R. 937
Decision Date: 1987
Agency: POLICE & FIREMEN'S RETIREMENT SYSTEM
Synopsis: Appellant's request for accidental disability benefits was denied. He requested a hearing and the matter was transmitted to the Office of Administrative Law. Appellant, a corrections officer, was totally and permanently disabled after falling on a flight of steps while restraining a prisoner. The administrative law judge assigned to the case concluded that the incident was a traumatic event and appellant was therefore entitled to accidental disability. Upon review, this initial decision was rejected by the Board of Trustees of the Police and Firemen's Retirement System. The Board said appellant's fall was not a traumatic event as defined by the three- outside the stress and strain of the normal work effort of a corrections officer. In addition, the source of the injury was neither involuntary, exposure to an external force or a great rush of force. Accordingly, the denial of accidentiai disability retirement benefits was affirmed. The Appellate Division reversed and awarded benefits. The case 12 N.J.A.R. 926.) The Supreme Court held that appellant was entitled to accidental disability benefits because an inmate assault on a correc- tions officer is a traumatic event. Michael D. Schottland, Esq., for appellant (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys) Patrice M. O'Connell, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Citation Tracker rejected-Bd. of Trustees; rejected-App. Div., A966-87-T8, 6/29/88 (unreported); affirmed -115 N.J. 212 (1989) [Updated through 1991]