MICHAEL MASSARO VS. PUBLIC EMPLOYEES' RETIREMENT SYSTEM(BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM), A-5071-15T1

Michael Massaro, a longtime probation officer, applied for ordinary disability retirement under N.J.S.A. 43:15A-42, claiming physical and mental incapacity from job duties.
He alleged disabling conditions including herniated disks (back pain), hypertension, hypothyroidism, enlarged prostate, GERD, tinnitus, and emotional stress.
Treating physician Dr. Thomas Hanley (family practitioner) testified Massaro was unable to perform his duties, citing cumulative conditions with the back as a significant aggravator.
PERS presented Dr. Arnold Berman, a board-certified orthopedist, who testified there was no objective evidence of a herniated disk or progressive orthopedic impairment between 2008 and 2013.
The ALJ credited Dr. Berman, found Dr. Hanley’s opinion insufficiently supported by objective findings, and concluded Massaro failed to prove incapacity to perform duties in the general area of his employment. PERS adopted the ALJ’s recommendation.
Appellate Division affirmed, concluding the agency’s decision was supported by sufficient credible evidence and not arbitrary or capricious.

Issue	Massaro's Argument	PERS' Argument	Held
Whether Massaro is entitled to ordinary disability retirement (incapacity to perform duties generally)	Massaro argued his combined medical conditions and pain/stress rendered him totally and permanently disabled	PERS argued record lacks objective medical evidence showing incapacity in the general area of his employment; expert orthopedist contradicted treating physician	Denied — agency decision affirmed: Massaro failed to prove incapacity by a preponderance of credible evidence
Whether the ALJ gave proper weight to the treating physician’s opinion	Hanley asserted Massaro was unable to perform job duties due to cumulative conditions	PERS relied on orthopedic specialist and objective findings, arguing Hanley’s opinion lacked objective support	Denied — ALJ reasonably discounted Hanley’s opinion where unsupported by objective findings
Whether pain and stress alone established disability	Massaro emphasized subjective pain and stress prevented job performance	PERS emphasized need for objective corroboration and general-duty standard	Denied — subjective complaints without objective support insufficient to establish ordinary disability

Circus Liquors, Inc. v. Governing Body of Middletown Twp., 199 N.J. 1 (2009) (standard for appellate review of administrative decisions)
Clowes v. Terminix Int'l, Inc., 109 N.J. 575 (1988) (review gives deference to factfinder’s credibility assessments)
Close v. Kordulak Bros., 44 N.J. 589 (1965) (weight given to opportunity to judge witness credibility)
Bueno v. Bd. of Trustees, Teachers' Pension & Annuity Fund, 404 N.J. Super. 119 (App. Div. 2008) (ordinary disability requires incapacity in general area of employment)
In re Taylor, 158 N.J. 644 (1999) (deference to agency findings when supported by credible evidence)