JOHN WALTERS VS. BOARD OF TRUSTEES, PUBLIC EMPLOYEES'Â RETIREMENT SYSTEM (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
A-4548-15T1
| N.J. Super. Ct. App. Div. | Jul 26, 2017Background
- John Walters, a Senior Corrections Officer with PERS, accepted overtime for the 10:00 p.m.–6:00 a.m. shift on January 5, 2014, which was otherwise his day off.
- He arrived early (~9:40 p.m.) to complete overtime paperwork at Thompson Hall before reporting to post; a security gate had closed behind him when he entered the facility grounds.
- After parking and opening his car door, Walters took one step, slipped on ice, and fell, sustaining injuries that led to his claim for accidental disability retirement benefits.
- The Department of Corrections investigative report noted the incident occurred prior to the start of third shift; Walters was not yet at his post and was not paid until his scheduled shift began.
- The ALJ concluded Walters was still commuting/preparing (not performing regular or assigned duties) when injured and recommended denial; the PERS Board adopted the ALJ’s decision.
- Walters appealed to the Appellate Division, which reviewed the Board’s decision under the substantial-credible-evidence standard and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walters’ injury occurred "during and as a result of" his regular or assigned duties for accidental disability pension eligibility | Walters argued his presence on the facility grounds to complete required overtime paperwork and to be available for emergencies made the fall work-related | Board/ALJ argued he was still commuting/preparing, had not begun duties or reached his post, and thus the fall was not causally connected to his work | Held: Injury occurred during commute/preparation, not while performing regular/assigned duties; claim denied |
Key Cases Cited
- Richardson v. Board of Trustees, Police & Firemen's Retirement System, 192 N.J. 189 (2007) (elements required to qualify for accidental disability retirement)
- Kasper v. Board of Trustees, Teachers' Pension & Annuity Fund, 164 N.J. 564 (2000) (distinguishes injuries sustained during commuting/preparation from those occurring in the course of duties)
- Mazza v. Board of Trustees, Police & Firemen's Retirement System, 143 N.J. 22 (1995) (standard for reviewing administrative denial of pension benefits)
- Russo v. Board of Trustees, Police & Firemen's Retirement System, 206 N.J. 14 (2011) (appellate courts are not bound by agency legal interpretations)