MARIA GRIECO-HICKS VS. BOARD OF TRUSTEES, TEACHERS' Â PENSION AND ANNUITY FUND(TEACHERS' PENSION AND ANNUITY FUND, DEPARTMENT OFTHE TREASURY)
A-0799-15T2
| N.J. Super. Ct. App. Div. | May 11, 2017Background
- Petitioner Maria Grieco-Hicks, a 57-year-old high-school art teacher, fell from a step-stool at work on Sept. 3, 2010 and injured her right knee; MRIs showed bone bruises and multiple meniscal and ligament tears including the ACL.
- She underwent ACL grafting and meniscectomies in March 2011, followed by physical therapy and pain management; subsequent MRIs showed partial tearing/bowing of the ACL graft and ongoing symptoms.
- Treated by multiple physicians, including Dr. Gecha (workers' comp orthopedist) who discharged her at maximum medical improvement in Mar. 2012 but imposed restrictions (limited standing/walking; no limit to sitting) and noted she declined a second surgery.
- Grieco-Hicks applied for accidental disability retirement benefits (July 2012). The Board denied the claim; an ALJ conducted a contested hearing with testimony from petitioner, petitioner’s expert Dr. Becan, and Board expert Dr. Lakin.
- The ALJ credited many of petitioner’s symptom complaints but found she failed to prove she was permanently and totally disabled for her ordinary employment or that the injury was the direct cause of disabling knee disease; the Board adopted the ALJ’s decision.
- Petitioner appealed, arguing the Board erred in finding she was not permanently and totally disabled and in its causation finding; the Appellate Division affirmed on the disability issue and did not reach causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Grieco-Hicks is "permanently and totally disabled" for her ordinary employment (Skulski/Getty standard) | Grieco-Hicks: knee pain, instability, limited ability to walk/stand/ascend stairs and perform art-teacher tasks makes her permanently and totally disabled from teaching | Board: evidence shows she can perform the general tasks of high-school art teaching with accommodations (elevator, ramps, limited standing, periodic stretching); experts differ and restrictions do not equate to unemployability in her field | Held: Affirmed denial — petitioner failed to prove she was permanently and totally disabled in the general area of her employment |
| Whether petitioner proved the fall was the direct cause of her disabling condition | Grieco-Hicks: her knee problems and progressive arthropathy stemmed from the workplace traumatic fall | Board: expert (Dr. Lakin) concluded MRIs and symptoms consistent with age-related changes, not traumatic causation; causation not proven | Not reached on appeal (court resolved case on disability ground) |
Key Cases Cited
- Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (2011) (standard of review for agency factual findings and legal questions)
- Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (2007) (elements for accidental disability retirement benefits)
- Skulski v. Nolan, 68 N.J. 179 (1975) (adopting Getty test: disability measured by employability in the general area of ordinary employment)
- Getty v. Prison Officers' Pension Fund, 85 N.J. Super. 383 (App. Div. 1964) (formulation of test rejecting extremes: general unemployability vs. inability to perform only the specific hired functions)
- Bueno v. Bd. of Trs., Teachers' Pension & Annuity Fund, 404 N.J. Super. 119 (App. Div. 2008) (application of Skulski/ Getty standard in teacher-disability context)