N.J.S.A. 43:16 A-7 sets forth the criteria governing Accidental Disability Retirement Benefits by members of the PFRS. The statute states in pertinent part:
"...the member shall certify that the member is permanently and totally disabled as a direct result of a traumatic event occurring and as a direct result of the performance of his regular or assigned duties..."
Kane vs. Board of Trustees PFRS, 11 NJ 655 (1985)-- the case defining the required standards for a "traumatic event," established that for a traumatic event to have occurred...
1. the injury must not have occurred as a result of the stress and strain of the normal work effort.
2. met involuntarily with the object or matter that was the source of harm
3. the injury must have been caused by a great rush of force or uncontrollable power
Saturday, January 6, 2007
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