NATHAN GIBSON VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM(BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM), A-2789-14T2

Background

Gibson, a Lacey Township police officer since 1996, injured his neck/left shoulder while lifting a traffic warning sign on September 8, 2009; he delayed reporting until September 29, 2009.
He underwent conservative treatment and later C5-6 and C6-7 disk fusion surgery after persistent symptoms.
Gibson applied for accidental disability retirement under N.J. law; the Board denied benefits and an ALJ held a contested hearing.
Two medical experts testified: Dr. Weiss (for Gibson) opined Gibson is totally and permanently disabled primarily due to the 2009 incident; Dr. Maslow (for the State) opined Gibson can return to full duty and that current complaints are from preexisting degenerative cervical disease.
The ALJ found the 2009 event was an undesigned/unexpected workplace incident but credited Dr. Maslow’s opinions over Dr. Weiss’s and concluded Gibson failed to prove total and permanent disability caused by the incident.
The Board adopted the ALJ’s recommendation; Gibson appealed and the Appellate Division affirmed.

Issues

Issue	Plaintiff's Argument (Gibson)	Defendant's Argument (Board/State)	Held
Was the 2009 event an "undesigned and unexpected" traumatic event?	The sign trailer’s unexpected movement causing twisting injury was an undesigned, external traumatic event.	The State disputed the extraordinariness but conceded an unintended external happening occurred.	Court agreed event was undesigned and unexpected (ALJ/Board found it so).
Is Gibson permanently and totally disabled from police duties due to the 2009 event?	Gibson (and Dr. Weiss) argued he is totally and permanently disabled as a direct result of the incident.	State (and Dr. Maslow) argued Gibson can return to full duty; objective testing did not support total, permanent disability.	Court upheld denial: Gibson failed to prove total and permanent disability attributable to the event.
Must plaintiff prove the event was the sole cause versus aggravation of preexisting disease?	Gibson argued liability can rest on event plus underlying degenerative disease — need not be sole cause.	State argued disability is attributable to preexisting degenerative disease, not the incident.	Court applied Richardson/Russo standards and found evidence supported that degenerative disease — not the incident alone — explained condition; Gibson did not meet burden.
Was the ALJ’s credibility assessment of expert testimony reasonable?	Gibson contended ALJ improperly discredited Dr. Weiss and required the event to be sole cause.	Board defended ALJ’s credibility findings favoring Dr. Maslow based on objective testing and record review.	Court deferred to agency credibility determinations and found no arbitrary or unreasonable basis to disturb them.

Key Cases Cited

Richardson v. Board of Trustees, Police and Firemen's Ret. Sys., 192 N.J. 189 (establishes elements for accidental disability benefits)
Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (standard of review and application of accidental disability criteria)
Piatt v. Police & Firemen's Ret. Sys., 443 N.J. Super. 80 (App. Div.) (deference to agency expertise in pension administration)