JOEL DAWKINS VS. BOARD OF TRUSTEES, ETC. (NEW JERSEY DEPARTMENT OF THE TREASURY)
A-3086-19
| N.J. Super. Ct. App. Div. | Jul 12, 2021Background
- Joel Dawkins, a Newark public-school teacher since 1983, was injured on January 7, 2014 while breaking up a student fight; he claimed back, left-knee, and psychological injuries and applied for accidental disability retirement in December 2016.
- Post-incident care and testing: 2014 EMG/NCV showed chronic L5 radiculopathy; January 2014 knee MRI showed bone contusion, patellar subluxation, chondromalacia, and medial osteoarthritis; July 2016 lumbar MRI showed disc bulging and multi-level herniations.
- Dawkins’ treating and retained experts (orthopedist Dr. Weiss and psychiatrist Dr. Silverman) opined he was permanently and totally disabled as a direct result of the January 2014 incident.
- The Board’s orthopedic expert (Dr. Hutter) found the knee changes chronic/wear-and-tear, the bone contusion temporary, and that subjective complaints exceeded objective findings; he concluded the incident would not produce a global, permanent loss of function.
- The ALJ found Dawkins not fully credible, concluded knee problems were preexisting/symptomatic, credited Dr. Hutter over Dr. Weiss, and found the psychological claim failed the Patterson standard (incident not terrifying/serious-threat).
- The Board adopted the ALJ’s decision (with modification) and denied accidental disability retirement; the Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dawkins is permanently and totally disabled from the Jan. 7, 2014 incident (orthopedic) | Jan. 7, 2014 caused permanent disabling back and left-knee injuries | Injuries were temporary or due to preexisting degenerative disease; objective studies do not show a permanent global loss | ALJ/Board credited Board expert; insufficient evidence of permanent orthopedic disability; claim denied |
| Whether psychological injury qualifies for accidental disability under Patterson (mental-stressor standard) | Dawkins’ depression/PTSD flowed from the 2014 incident and is permanently disabling | The incident was not terrifying or life‑threatening; other external events (father’s illness/death, tenure charges) may explain or worsen depression | Patterson standard not met; incident not horror‑inducing or involving threatened death/serious injury; mental‑injury claim denied |
| Proper weight to medical opinions and treating physicians | Treating physicians and Dawkins’ experts establish causation and total disability | ALJ may weigh competing expert testimony; defendant’s expert more persuasive | ALJ/Board reasonably weighed evidence, favored Board expert, and could reject/limit treating/expert opinions |
| Relevance of Social Security Administration (SSA) disability finding | SSA determination of disability (Aug. 20, 2015) supports entitlement | SSA uses different standard; decision included unrelated later injuries | SSA decision not dispositive; ALJ/Board reasonably declined to rely on it |
Key Cases Cited
- Richardson v. Board of Trustees, Police & Firemen's Retirement System, 192 N.J. 189 (N.J. 2007) (establishes elements for accidental disability benefits)
- Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29 (N.J. 2008) (mental‑injury standard: terrifying or horror‑inducing event involving actual/threatened death or serious injury)
- Russo v. Board of Trustees, Police & Firemen's Retirement System, 206 N.J. 14 (N.J. 2011) (standard and limits of appellate review of administrative decisions)
- In re Taylor, 158 N.J. 644 (N.J. 1999) (agency findings must be affirmed if supported by substantial credible evidence)
- Clowes v. Terminix Int'l, Inc., 109 N.J. 575 (N.J. 1988) (appellate deference to factfinding even if a different result might be reached)
- Villanueva v. Zimmer, 431 N.J. Super. 301 (App. Div. 2013) (SSA disability determinations rest on different standards and have limited weight)