BELINDA DODSON VS. BOARD OF TRUSTEES OF THE PUBLIC Â EMPLOYEES' RETIREMENT SYSTEM (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
A-2336-15T2
| N.J. Super. Ct. App. Div. | Jun 23, 2017Background
- Belinda Dodson, a juvenile detention officer, alleged a May 24, 2010 fight at work caused a permanent disabling back injury; she previously had a 2003 back injury from a work fight.
- Dodson applied for accidental disability retirement under N.J.S.A. 43:15A-43; the Board initially awarded ordinary disability benefits but denied accidental disability benefits.
- The Board obtained independent evaluations: Dr. Weiss (initial IME) found permanent disability from degenerative condition; Dr. Berman (subsequent IME) found no permanent injury.
- At OAL hearing, Dodson presented Dr. Fass (testifying for her) who relied on a 2010 discogram showing annular tear; the Board’s Dr. Berman relied on a 2010 MRI showing chronic degenerative changes and no new herniation.
- The ALJ credited Dr. Berman over Dr. Fass, found Dodson failed to prove total and permanent disability as a direct result of the 2010 traumatic event, and the Board adopted the ALJ’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dodson proved she is permanently and totally disabled | Dodson: 2010 incident substantially aggravated her 2003 injury and caused permanent disability | Board: medical evidence (MRI/ exam) shows no new or permanent injury; disability not proven | Held: Dodson failed to prove total and permanent disability; benefit denied |
| Proper causation standard under N.J.S.A. 43:15A-43 | Dodson: only must show 2010 incident was a "substantial contributing cause" of disability | Board: claimant still must prove total and permanent disability; proximate-cause inquiry unnecessary if disability not shown | Held: Court applied established law (Gerba); because disability not shown, causation analysis unnecessary |
| Weight to be given conflicting expert opinions and diagnostic tests | Dodson: discogram evidence and Dr. Fass support traumatic aggravation | Board: MRI, objective exam, and Dr. Berman more reliable; discogram medically controversial | Held: ALJ permissibly credited Dr. Berman and MRI over discogram and symptom-based findings |
| Standard of review for Board's factual findings | Dodson: Board erred in applying pre-existing condition bar | Board: ALJ credibility findings entitled to deference; Board decision supported by record | Held: Appellate review limited; Board s decision not arbitrary or capricious and is affirmed |
Key Cases Cited
- Gerba v. Bd. of Trs. of the Pub. Emps.' Ret. Sys., 83 N.J. 174 (establishes requirement that traumatic event be substantial contributing cause for accidental disability)
- Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (five-part test for accidental disability; first prong requires total and permanent disability)
- In re Herrmann, 192 N.J. 19 (standard for appellate review of administrative decisions)
- Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (deference and review standards for pension board decisions)
- State v. Townsend, 186 N.J. 473 (assessment of weight and significance of expert testimony)
- Clowes v. Terminix Int'l, Inc., 109 N.J. 575 (hearsay from non-testifying doctors is admissible but limits evidentiary weight)