Russo v. BD. OF TRUSTEES, POLICE.
17 A.3d 801
| N.J. | 2011Background
- Russo joined the Montclair Police Department in 2001 and trained at the Essex County College Police Academy.
- In November 2001, Russo participated in a burning-house rescue, became disoriented, and was treated for smoke inhalation; the victim died.
- Russo developed PTSD with sleeping problems, suicidal thoughts, and personality changes after the incident.
- The Board denied accidental disability benefits, granting ordinary disability instead, and a series of ALJ and appellate proceedings followed.
- The court ultimately reversed the appellate decision, holding Russo’s experience met Patterson/Richardson standards for accidental disability and remanded for benefits processing.
- The decision clarifies that Patterson’s horrific-event threshold, once met, requires satisfaction of Richardson’s remaining factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Russo satisfied the Patterson/Richardson standard for accidental disability. | Russo—Russo | Board—Russo | Yes; Patterson threshold met and Richardson factors satisfied. |
| Whether the Board misapplied Patterson's objective reasonable-person standard. | Russo | Board | No; Board misapplied the standard; evidence supports trauma causing disability. |
| Whether Russo’s injury arose from a qualifying traumatic event that was work-related. | Russo | Board | Yes; event occurred during duties and involved life-threatening circumstances. |
| Whether guilt or idiosyncratic reaction negated recovery under Richardson. | Russo | Board | No; Board failed to show the injury was not work-related or not caused by the event. |
| Whether the case should be remanded for accidental disability benefits. | Russo | Board | Remand appropriate to process Russo’s accidental disability award. |
Key Cases Cited
- Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (2007) (established the trauma-based framework for accidental disability)
- Patterson v. Bd. of Trs., State Police Retirement System, 194 N.J. 29 (2008) (introduced the 'horrific event' requirement and objective standard)
- Kane v. Bd. of Trs., Police & Firemen's Ret. Sys., 100 N.J. 651 (1985) (three-part test leading to accidental disability)
- Caminiti v. Bd. of Trs., Police & Firemen's Ret. Sys., 394 N.J. Super. 478 (App. Div. 2007) (illustrates steam of traumatic-event standard and appellate concerns)