James Moran v. Board of Trustees, Police and Firemen's Retirement System
103 A.3d 1217
N.J. Super. Ct. App. Div.2014Background
- James Moran, a firefighter, responded with his engine company to a 2:00 a.m. fire in a reportedly vacant, boarded-up house; the truck company (which carries forcible-entry tools and conducts rescues) had not yet arrived.
- While unrolling a hose, Moran unexpectedly heard people screaming from inside the burning house and found no rescue tools immediately available.
- Trained to rely on the truck company’s specialized tools, Moran nonetheless kicked in a fortified door to rescue occupants and suffered disabling injuries.
- At the OAL hearing the ALJ found Moran and his captain credible and concluded the event was an unexpected, undesigned traumatic occurrence arising from ordinary duties.
- The Board adopted the ALJ’s factual findings but denied accidental disability benefits, reasoning the act of forcing entry was intentional and part of routine duties (thus not an "unexpected and undesigned" traumatic event).
- The Appellate Division reversed, holding the combination of unexpected circumstances (victims present, truck company absent, and lack of tools) satisfied Richardson’s "traumatic event" standard and remanded to grant Moran an accidental disability pension.
Issues
| Issue | Moran's Argument | Board's Argument | Held |
|---|---|---|---|
| Whether Moran's injury resulted from a "traumatic event" (identify time/place; undesigned/unexpected; external) under N.J.S.A. 43:16A-7 and Richardson | The combination of unexpected facts (victims present, truck company absent, no tools) made Moran's forced-entry an undesigned and unexpected traumatic event causing disability | Because Moran intentionally forced entry (an anticipated rescue duty), the injury was expected work effort, not an "unexpected happening" | Reversed: the circumstances were an unexpected, undesigned traumatic event meeting Richardson; Moran entitled to accidental disability pension |
Key Cases Cited
- Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (clarifies "traumatic event" means an unexpected external happening and sets factors for accidental disability)
- Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (agency findings entitled to deference on fact but not on incorrect legal interpretation; rejects overly narrow application of Richardson)
- Cattani v. Bd. of Trs., Police & Firemen's Ret. Sys., 69 N.J. 578 (pre-existing disease aggravated by work does not qualify as traumatic event)
- Russo v. Teacher's Pension & Annuity Fund, 62 N.J. 142 (similar principle excluding pre-existing disease alone or combined with work)
- Brooks v. Bd. of Trs., Pub. Emps.' Ret. Sys., 425 N.J. Super. 277 (rejects Board's narrow view that routine job danger cannot be an "undesigned and unexpected" accident)