TARA SASSAMAN VS. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM(PUBLIC EMPLOYEES' RETIREMENT SYSTEM), A-2543-15T1

Petitioner Tara Sassaman, a 61-year-old special-education teacher's assistant, was pushed to the floor by a student in July 2012 and immediately felt severe right-shoulder pain.
Initial x-ray was unremarkable; MRI later showed a rotator cuff tear that was surgically repaired in October 2012; petitioner could not return to work.
Petitioner applied for accidental disability retirement; the Board denied accidental disability but granted ordinary disability retirement (finding total and permanent disability).
At the administrative hearing, petitioner's surgeon (Dr. Alberta) testified the tear likely existed before the fall but increased to a full-thickness tear as a result of the fall and substantially caused her disability.
The Board's orthopedist (Dr. Rosa) testified the full-thickness tear preexisted the fall, showing chronic degeneration and tendon retraction; the fall only increased the tear marginally and produced pain.
The ALJ credited Dr. Rosa, concluding the fall was not the direct (substantial) cause of the disability; the Board adopted the ALJ's decision. Petitioner appealed; the Appellate Division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner proved accidental disability retirement under N.J.S.A. 43:15A-43 — i.e., that the work-related traumatic event was the "direct" (substantial) cause of disability	Sassaman argued the fall was a significant/substantial contributing cause of her disability even if it acted on a preexisting condition	The Board argued medical evidence showed the complete tear and disability were caused by chronic degeneration that preexisted the fall; the fall only slightly worsened the tear	Court held substantial credible evidence supported the Board/ALJ finding the fall was not the substantial cause; accidental disability denied, ordinary disability affirmed

Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (administrative-review standard; sustain agency unless arbitrary or lacking record support)
Richardson v. Bd. of Trs., 192 N.J. 189 (elements required for accidental disability retirement)
Gerba v. Bd. of Trs., 83 N.J. 174 (traumatic event need not be sole cause; must be substantial contributing cause)
Russo v. Teachers' Pension & Annuity Fund, 62 N.J. 142 (burden on member to prove causal link by preponderance with competent medical evidence)
In re Taylor, 158 N.J. 644 (appellate court deferential review; not substitute factfinding)
State v. Locurto, 157 N.J. 463 (principles on appellate review of findings)
In re Herrmann, 192 N.J. 19 (standards for overturning agency decision)
Mayflower Sec. Co. v. Bureau of Sec., 64 N.J. 85 (court not bound by agency's legal conclusions)