CRAIG ROGERS VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S Â RETIREMENT SYSTEM(BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMNT SYSTEM)
A-0938-15T3
N.J. Super. Ct. App. Div.Jun 15, 2017Background
- Craig Rogers, a Newark police officer with 18+ years' service, injured his left knee during mandatory physical-combat training on October 25, 2011, when a seam in a joined foam mat "gave in" as he stood up.
- Rogers applied for accidental disability retirement (claiming a traumatic, "undesigned and unexpected" event caused by a defective mat) and later sought a hearing after the Board denied accidental benefits but awarded ordinary disability.
- The dispositive issue at the OAL hearing was whether the incident qualified as an "undesigned and unexpected" traumatic event under the accidental-disability statute.
- Rogers testified about the mat defect but produced no contemporaneous medical or expert reports linking the injury to a defective mat; photographs were taken long after the incident.
- Six colleagues and an instructor were present at the incident but Rogers did not call them to testify and produced no corroborating witness or expert evidence.
- The ALJ found Rogers’ evidence insufficient and not credibly corroborated; the Board adopted the ALJ’s findings and denied accidental disability benefits (affirming ordinary disability).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the October 25, 2011 event was an "undesigned and unexpected" traumatic event for accidental disability | Rogers: mat seam unexpectedly gave way while standing, causing a traumatic, external, identifiable event that permanently disabled him | Board: mat giving way while bearing weight is an expected function of a foam mat; Rogers failed to provide competent corroboration or expert proof of a defective mat | Held: Not accidental. ALJ and Board credited lack of corroboration and expert evidence; mat failure was not shown to be unexpected or defective |
| Whether Rogers proved causation between the incident and permanent total disability | Rogers: injury from the incident caused his permanent disability | Board: medical and application records did not causally link a defective mat to injury; absence of corroborating witnesses or expert opinion undermines causation | Held: Rogers failed to meet burden; Board awarded ordinary disability but denied accidental disability |
| Standard of review for Board's factual and legal determinations | Rogers: (implicit) Board erred in applying standard to facts | Board: agency findings entitled to deference under applicable standards | Held: Appellate court applies narrow review (arbitrary/capricious); substantial deference afforded; no basis to overturn |
| Weight of contemporaneous vs. later evidence | Rogers: later evidence / testimony sufficient to prove defect | Board: later photographs and delayed reports insufficient; contemporaneous evidence did not establish defect | Held: Later evidence insufficient to overcome lack of contemporaneous corroboration; ALJ reasonably discredited Rogers |
Key Cases Cited
- Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (discusses elements required for accidental disability benefits)
- Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (agency deference and accidental-disability elements)
- Moran v. Bd. of Trs., Police & Firemen's Ret. Sys., 438 N.J. Super. 346 (App. Div.) (legal questions applied to undisputed facts)
- Brooks v. Bd. of Trs., Pub. Emps. Ret. Sys., 425 N.J. Super. 277 (App. Div.) (legal inquiry on undisputed facts)
- In re Stallworth, 208 N.J. 182 (standard of review for administrative decisions)
- Circus Liquors, Inc. v. Governing Body of Middletown, 199 N.J. 1 (deference to agency fact-finding and expertise)