Angiola v. Bd. of Trustees

821 A.2d 98, 359 N.J. Super. 552
CourtNew Jersey Superior Court Appellate Division
DecidedApril 11, 2003
StatusPublished
Cited by4 cases

This text of 821 A.2d 98 (Angiola v. Bd. of Trustees) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angiola v. Bd. of Trustees, 821 A.2d 98, 359 N.J. Super. 552 (N.J. Ct. App. 2003).

Opinion

821 A.2d 98 (2003)
359 N.J. Super. 552

Peter ANGIOLA, Petitioner-Appellant,
v.
BOARD OF TRUSTEES, Public Employees' Retirement System, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Argued January 27, 2003.
Decided April 11, 2003.

David Sapiro, East Brunswick, argued the cause for petitioner (Sapiro & Gottlieb, attorneys; Mr. Sapiro on the brief).

David Dembe, Assistant Chief Attorney General, argued the cause for respondent (David Samson, Attorney General, attorney, Patrick DeAlmeida, Deputy Attorney General, of counsel and Susanne Culliton, Deputy Attorney General on the brief).

Before Judges HAVEY, A.A. RODRIGUEZ and PAYNE.

The opinion of the court was delivered by PAYNE, J.A.D.

Petitioner Peter Angiola appeals from a determination by the Board of Trustees, Public Employees' Retirement System (PERS) to deny him an accidental disability retirement allowance pursuant to N.J.S.A. 43:15A-43 on the ground that the total and permanent injuries sustained by him during the course of his work were not the result of a "traumatic event" as required by statute. We reverse. See Esposito v. Police and Fireman's Retirement System, 358 N.J.Super. 112, 817 A.2d 340 (App.Div.2003).

*99 Following injury in circumstances that we will soon describe, Angiola filed an application with PERS for accidental disability retirement benefits. Although ordinary disability retirement benefits were awarded, PERS denied Angiola's request for benefits available in cases of accidental disability. On appeal from that determination, PERS referred Angiola's application to the Office of Administrative Law for a hearing as a contested matter. There, cross-motions for summary decision upon stipulated facts, presented by way of a certification by Angiola, were filed with an administrative law judge (ALJ). The ALJ granted PERS' motion in a written decision that recommended that Angiola's application be denied because he had failed to demonstrate injury caused by a traumatic event, and PERS adopted that decision and recommendation.

We reproduce in its entirety the certification of Angiola that sets forth the facts that formed the basis for the underlying motions and the present appeal.

I, PETER ANGIOLA of full age, hereby certify as follows:
1. I am the Petitioner in the above matter.

2. On March 31, 1995 I was employed as a toll taker for the New Jersey Turnpike Authority.

3. On that date I was working in the tollbooth at Exit 9 on the New Jersey Turnpike.

4. The driver of an automobile approaching the tollbooth either lost control of his automobile, had a heart attack and died or had a heart attack, lost control of his automobile and died.

5. The automobile went airborne, struck another automobile and then was coming directly towards my tollbooth. Instead of striking my tollbooth, the automobile struck the top left corner of a tractor-trailer, which was exiting the tollbooth and then landed a few inches in front of the tollbooth.

6. The point of impact between the automobile and the tractor-trailer was approximately one foot from the tollbooth.

7. The tollbooth was configured so that there was a metal counter to the front of the tollbooth and another metal counter in the rear of the tollbooth. There was a door on the left where I was handing out tickets. I would get the tickets from the front counter. I was facing the front counter handing out tickets with my left hand to vehicles, which were coming from my front.

8. When I saw the automobile in the air coming toward my tollbooth, I jumped to the rear to avoid being struck and my low back struck the counter in the rear of the tollbooth. The counter was three to three and one-half feet high.

9. The accident happened at approximately 3:00 p.m. The distance I jumped backwards to avoid being struck [by] the car was approximately two feet.

The accidental disability retirement benefits sought by Angiola were available to him upon a showing of permanent and total disability, which in his case was uncontested, taking place "as a direct result of a traumatic event occurring during and as a result of the performance of his regular or assigned duties...." N.J.S.A. 43:15A-43. A similar requirement that the disability result from a "traumatic event" appears in connection with the statutes providing for accidental disability pension benefits under the State's other two public pension systems: the Police and *100 Firemen's Retirement System (see N.J.S.A. 43:16A-7) and the Teacher's Pension and Annuity Fund (see N.J.S.A. 18A:66-39). Precedent construing each of the three statutes is thus relevant here.

An explanation of our rejection of the interpretation accorded the term "traumatic event" by the ALJ and PERS in Angiola's case lands us in the syntactical swamp that has mired our courts ever since the Legislature, in apparent reaction to a previously generous interpretation of the requirement that disability be caused by an accident in a fashion consonant with workers' compensation precedent, substituted for the term "accident" the requirement that the disability be caused by a "traumatic event." See Maynard v. Board of Trustees of the Teachers' Pension and Annuity Fund, 113 N.J. 169, 172-73, 549 A.2d 1213 (1988); Cattani v. Board of Trustees, Police and Firemen's Retirement System, 69 N.J. 578, 583-84, 355 A.2d 625 (1976) and Russo v. Teachers' Pension and Annuity Fund, 62 N.J. 142, 151, 299 A.2d 697 (1973) (discussing legislative and judicial history).

The inference logically to be drawn from this legislative amendment is that the Legislature sought to limit provision of accidental disability retirement benefits to more narrowly drawn circumstances and a smaller cohort than had previously been the case. However, the Legislature's linguistic formulation gave little clue as to the nature of the limits that it sought to impose.

What from the outset is noteworthy is the significant difference in the amount of benefits available under ordinary and accidental retirement benefit schemes. Ordinary retirement benefits approximate forty percent of final average compensation (N.J.S.A. 43:15A-45), whereas accidental retirement benefits can reach two thirds of final compensation. N.J.S.A. 43:15A-46. That accidental disability retirement benefits are so much higher suggests, in part, a recognition by the Legislature that additional compensation is warranted in instances in which the precipitating cause of an injury is so far outside the normal scope of risks that accompany a particular employment that the employee-victim is deserving of additional compensation. Otherwise, in instances of total permanent disability from work-related causes, a disparity in compensation makes no sense. The task has thus been to provide a meaningful definition to those narrow classes of traumatic events that are so unbargained-for in their occurrence in workplace life that the necessity of substantial additional compensation must be recognized.

In a decision in Hillman v. Board of Trustees, Public Employees' Retirement System, 109 N.J.Super. 449, 460-61, 263 A.2d 789 (App.Div.1970), we required, among other things, that to constitute a "traumatic" event, the event must be "undesigned, unexpected and unusual." Ibid. However, the Supreme Court rejected the Hillman formulation in Cattani, supra, 69 N.J. at 585, 355 A.

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821 A.2d 98, 359 N.J. Super. 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angiola-v-bd-of-trustees-njsuperctappdiv-2003.