Since the Supreme Court decision in my case...the first major change in case law in the last 20+ years...I have received calls from two of my former fellow corrections officers, who are disabled and attempting to receive accidental disability, saying that the Division of Pensions and Benefits has put all accidental disability cases on hold pending clarification on this new standard.
How much clearer could the Supreme Court make the standard? Besides the givens for accidental disability...
"the worker is totally and permanently disabled as a direct result of a
traumatic event occurring during and as a direct result of the performance
of his regular or assigned duties and that such disability was not the result
of the member's willful negligence and that such member is mentally or
physically incapacitated for the performance of his usual duty and of any
other available duty in the department which his employer is willing to
assign to him.
The Supreme Court further clarified traumatic event as an occurence which was...
"(a) identifiable as to time and place;
(b) unexpected and undesigned; and
(c) not caused by a pre-existing condition alone or in combination
with work effort"
How much clearer could it be Division? Unless you have a pre-existing condition or were hurt by repetitive activity, you pretty much get accidental disability even those people who were traditionally excluded due to slips and falls are now included by this Court as deserving of accidental disability. This decision was sent down to clear up the confusion and keep unsuspecting, injured people from having to go bankrupt waiting months and years for court decisions and paying exhorbitant amounts in attornies fees.
Kind of makes you wonder what sort of shanagans the Board is trying to play or what sort of arguments they are trying to grasp out of thin air to keep deserving people from getting what they deserve. I can asure you that I will continue to be the watch dog on this issue.
Saturday, August 25, 2007
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1 comment:
stewart ,
i need help !!! pension advice. I go before the board next month. its early friday am now., and you can call me anytime if possible...
" C/O "
609 277 1195
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