Supreme Court Decisions Affecting Accidental Disability Retirement....

1. Cattani v. Board of Trustees, PFRS, 69 N.J. 578, 583 (1976)-- Decided that the standard should include injuries caused by a violent, tangible, physical impact from an external force. Attemping to limit eligibility. (D)

2. Gerba v. PFRS, 83 N.J. at 183-- Court held that the legislature ammended the statute to narrow greatly the eligibility criteria for accidental disability.

3. Kane v. PFRS, supra, 100 N.J. at 663-- Courts decision came up with the Kane test listed in an earlier post. "The focus of the inquiry is on the event itself rather than the injury."

This case must be obtained through LexusNexus or other company.

4. Gable v. Board of Trustees Public Retirement System, 115 N.J. 212, 220 (1989)-- Officer involved in three incidents: powder thrown in face then struck by inmate, kicked in chest and propelled against a concrete wall by drunken inmate, and dragged down a flight of stairs while escorting a large unruly inmate. The Court found

"these violent incidents are clearly distinguishable from the sort of
commonplace happenings that we determined in Kane are part of
the normal stress or strain of the normal work effort: a police officer
stepping on a stone; a firefighter climbing onto a fire truck; a firefighter
lifting a heavy ladder. Rather, they are similar to our examples of
incidents that extend beyond the stress and strain of the normal job
duties, ie., a fireman being blown off a roof, fallingoff the top step of a
tall ladder, or being struck by a falling beam.

We recognize that a correction officer's job is dangerous. There is always
the possibility that he or she will be attacked violently by an inmate.
Likewise, a firefighter might be struck by a falling beam, blown off a roof,
or fall from a tall ladder. These occurrences, however, while occupational
hazards, do not occur frequently enough to constitute normal stress or
strain. Although a correction officer... may realize that there is a "potential
that he or she will be called upon to subdue an inmate, an officer does not
expect his or her daily routine will normally involve being struck by an
aggressive or escaping inmate." ( AG)

This case must be obtained through LexusNexus.


5. Mazza v. Board of Trustees PFRS supra 143, N.J. 23-24 (A-21-95)--- Officer injured back when horse he was riding reared and his body twisted in the saddle. Court held that the twisting was not a traumatic event because it did not involve a great rush of force. There was no physical, tangible impact. (D).

To view a syllabus that explains this decision go to www.lawlibrary.rutgers.edu/courts/supreme/a-21-95.opn.html


6. Maynard v. Board of Trustees of Teacher's Pension and Annuity Fund, 113 N.J. 169 (1988)--school teacher slipped and fell on a highly polished floor. Court concluded that slips-and-falls at ground level are not traumatic events because they do not involve a great rush of force or uncontrollable power. Court distinguished ordinary ground level slip and fall and a fall from a greater height even where the injured party was in part to blame for his decent: in ordinary slip and fall cases, no force or power originates anywhere except from the person falling and any gravitational force generated by the fall is not "great." (D)

7. Ciecwisz v. Board of Trustees PFRS, 113 N.J. 180 (1988)--not a "taumatic event" where corrections officer slipped and fell on cooking oil spilled on floor by inmates. (D)