188 A.3d 375
N.J. Super. Ct. App. Div.2018Background
- Kristy Bowser, a 14-year veteran correctional officer at Mercer County Correctional Center (MCCC), slipped on black ice on MCCC grounds while walking to her car to retrieve feminine hygiene products during an unplanned second shift.
- She had worked 11:00 p.m.–7:00 a.m., was asked to stay for an additional shift starting at 7:00 a.m., and remained on the clock when she briefly left to get the supplies; she did not clock out.
- The Board stipulated Bowser was permanently and totally disabled from the fall, that the disability resulted from the fall, and that the fall was not due to willful negligence; the ALJ found the injury was undesigned, unexpected, and occurred during performance of duties.
- The Board denied an accidental disability pension, concluding her injury did not occur "during and as a result of the performance of [her] regular or assigned duties" because it occurred in a parking/road area the Board treated as outside employer premises under Kasper.
- The Appellate Division reviewed the purely legal question de novo and concluded Kasper’s recognition that on‑premises restroom and lunch breaks are part of the workday controlled; Bowser’s trip to her car was equivalent to an on‑site restroom break.
- Court reversed the Board and held the injury occurred during and as a result of Bowser’s regular/assigned duties, entitling her to an accidental disability pension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the fall occurred "during and as a result of" Bowser's regular or assigned duties under N.J.S.A. 43:16A-7(1) | Bowser: retrieving necessary hygiene products while on the clock during an unexpected extra shift is equivalent to an on‑premises restroom break and part of the workday | Board: parking lot/road area is outside employer premises; Kasper excludes commuting/parking‑lot accidents so injury not within duties | Court: Held Bowser’s trip was a necessary, on‑premises workday break; injury occurred during and as a result of her duties — reversal |
Key Cases Cited
- Kasper v. Board of Trustees of the Teachers' Pension & Annuity Fund, 164 N.J. 564 (N.J. 2000) (on‑premises workday activities, including restroom/lunch breaks, count as performance of duties)
- Richardson v. Board of Trustees, Police and Firemen's Retirement System, 192 N.J. 189 (N.J. 2007) (five‑factor test for accidental disability pension eligibility)
- Saccone v. Board of Trustees of Police and Firemen's Retirement System, 219 N.J. 369 (N.J. 2014) (de novo review of statutory interpretation questions)
- Russo v. Board of Trustees, Police & Firemen's Retirement System, 206 N.J. 14 (N.J. 2011) (standard for sustaining administrative agency quasi‑judicial decisions)
- Akins v. Federal Election Commission, 101 F.3d 731 (D.C. Cir. 1996) (courts are not required to defer to agency interpretations of judicial precedent)