Appellate Division Decisions...

1. Duignan v. Board of Trustees Public Employees Retirement System, 223 N.J. Super. at 218 (1988)-- The court found that an eye injury from the bristles of a broom was a traumatic event. In this case, a custodian was hanging a push broom in a suppy closet when the broom handle spun around, causing the bristles to strike his eyeball. The court ruled that one must look at the organ affected to determine what force is necessary to be considered a traumatic event. (AG)

I have no link for this case.

2. Esposito v. PFRS, A-4928-01T5 (2003)--Officer directing traffic injured knee when jumped out of the way of an oncoming vehicle. ALJ had originally granted accidental disability but PFRS rejected ALJ's decision. Appellate court granted accidental disability. "Focus is on the entire event." The force in this case was determined to be from the speeding vehicle that would have caused greater injury had the petitioner not jumped out of the way. (AG)

Link to case: www.lawlibrary.rutgers.edu/courts/appellate/a4928-01.opn.html

3. Fairweather v. Public Employees Retirement System, A-1421-03 (2004)-- Worker at a facility with mental patients injured when a frightened mental patient, who she was trying to evacuate from a burning building, jerked his hand away from hers and they slid down three icy steps to the ground. Board initially rejected claim and sent to OAL. ALJ found for the accidental disability but Board then rejected his decision. Appellate judges reversed Board's decision and granted accidental disability. The patient jerking his hand away was seen as the causative factor or "great rush of force" that precipitated the fall. Distinguished this case from ordinary slip-and-fall cases.

Link to case: www.lawlibrary.rutgers.edu/courts/appellate/a1421-03.opn.html

4. Gigante v. Board of Trustees PFRS, A-3241-04T5 (2005)-- Police officer injured when she was attempting to assist four fellow officers in arresting a resistant suspect lying face down on the floor in a garage. Gigante never made contact with suspect but was injured when throwing aside cases of soda and being knocked by other officers. In the initial reports petitioner did not report any contact with other individuals but reported to physician that she was injured while throwing aside cases of soda. Board and OAL judge denied accidental disability. Appellate court reversed their decision and took the petitioner's version of the account in addition to the reports and viewed it as one incident which they concluded was a "traumatic event".

Link to case: www.lawlibrary.rutgers.edu/courts/appellate/a3241-04.opn.html


5. Nissel v. Public Employees Retirement System, A-6281-04 (2006)-- Janitor in a school injured when a buffing machine malfunctioned and landed on his foot causing permanent injury. OAL and Board originally denied accidental disability citing "normal work effort." Appellate Court reversed this decision.

**Excellant wording in Appellate Court decision differentiating normal work effort from a traumatic event.

Link to case: www.lawlibrary.rutgers.edu/courts/appellate/a6281-04.opn.html

6. Richardson v. Board of Trustees PFRS, A-2811-04T2 (2005)-- Appellate court agreed with OAL Judge Miller on the normal work effort and actually quoted his "happens almost daily" argument.

Link to case: www.lawlibrary.rutgers.edu/courts/appellate/a2811-04.opn.html