Brooks v. Board of Trustees
40 A.3d 1166
| N.J. Super. Ct. App. Div. | 2012Background
- Brooks, a school custodian, helped move a 300‑pound weight bench donated to the school.
- Teens assisting with the bench dropped their side, causing the bench to fall on Brooks and injure his shoulder.
- Brooks sustained a total and permanent disability and applied for an accidental disability pension.
- The Board denied, finding the incident was not undesigned and unexpected; Brooks appealed, ALJ recommended denial, Board adopted.
- Richardson v. Board of Trustees redefined the test for a traumatic event; this case applies those tests to determine eligibility.
- The court reversed the Board's denial and remanded for award of accidental disability pension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the July 24, 2008 incident qualifies as a traumatic event under Richardson. | Brooks: incident is traumatic and identifiable as to time and place. | Board: incident not undesigned and unexpected and thus not traumatic. | Yes; incident is traumatic under Richardson. |
| Whether the accident was undesigned and unexpected. | Brooks: it was unforeseen and not the product of preexisting disease. | Board: can be anticipated within the scope of duties; not undesigned. | Undesigned and unexpected. |
| Whether the traumatic event occurred during and as a result of the member's duties and was external to the member. | Brooks: external event caused injury; work-related. | Board: not attributable to outside event; risks inherent in the task. | Occurred during duties and due to an external event. |
| Whether willful negligence bars eligibility for an accidental disability pension. | Brooks: willful negligence not required to bar eligibility; accident occurred despite conduct. | Board: willful negligence could bar eligibility. | Willful negligence does not automatically bar eligibility. |
| Whether the case should be remanded to provide further explanation of Richardson's tests. | Brooks: ALJ's reasoning insufficient to explain undesigned/unexpected standard. | Board: standard adequately applied. | Remanded for clarification and calculation of benefits; pension awarded. |
Key Cases Cited
- Richardson v. Board of Trustees, Police and Firemen's Retirement System, 192 N.J. 189 (2007) (redefines traumatic event; requires unexpected external happening not from preexisting disease)
- Kane v. Board of Trustees, Police and Firemen's Retirement System, 100 N.J. 651 (1985) (three-part test for traumatic events prior to Richardson overhaul)
- Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29 (2008) (defines willful negligence and its limits in accidental disability determinations)