Caminiti v. Board of Trustees

66 A.3d 192, 431 N.J. Super. 1, 2013 WL 2338505, 2013 N.J. Super. LEXIS 80
CourtNew Jersey Superior Court Appellate Division
DecidedMay 30, 2013
StatusPublished
Cited by26 cases

This text of 66 A.3d 192 (Caminiti v. Board 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
Caminiti v. Board of Trustees, 66 A.3d 192, 431 N.J. Super. 1, 2013 WL 2338505, 2013 N.J. Super. LEXIS 80 (N.J. Ct. App. 2013).

Opinion

The opinion of the court was delivered by

FUENTES, P.J.A.D.

Appellant Frank Caminiti appeals, for the second time, the decision of the Board of Trustees of the Police and Firemen’s Retirement System (Board) denying his application for accidental disability benefits. In the first appeal, Caminiti v. Board of Trustees, Police & Firemen’s Retirement System, 394 N.J.Super. 478, 927 A.2d 560 (App.Div.2007), the Board referred the matter to the Office of Administrative Law (OAL), where an administrative law judge (ALJ) conducted an evidentiary hearing and issued an initial recommendation to deny appellant’s application for accidental disability benefits. Id. at 481, 927 A.2d 560. The Board adopted the ALJ’s initial recommendation, and, on appellant’s direct appeal to this court, we affirmed the Board’s decision. Id. at 480, 927 A.2d 560.

While appellant’s petition for certification appealing our decision was pending, the Supreme Court decided Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29, 942 A.2d 782 (2008), and Richardson v. Board of Trustees, Police & Firemen’s Retirement System, 192 N.J. 189, 927 A.2d 543 (2007), two landmark cases that changed the legal standard for determining eligibility to receive accidental disability benefits, whether caused by physical injury or by purely mental stressors. As a result, appellant’s case was remanded so that the Board could reconsider his application in light of the standards established by Patterson and Richardson.

On remand, the Board again denied appellant’s application, ostensibly based on the standards of review adopted by the Court in Patterson and Richardson. This time, however, the Board rejected the ALJ’s recommendation to grant appellant accidental [4]*4disability benefits. Undaunted, appellant once again appeals the Board’s decision to this court. While his second appeal was pending before this court, our Supreme Court decided Russo v. Board of Trustees, Police & Firemen’s Retirement System, 206 N.J. 14, 17 A.3d 801 (2011), in which the Court reversed the Board’s decision to deny a petitioner accidental disability benefits. Id. at 35, 17 A.3d 801. In Russo, the Court held that the Board had misapplied the standards established in Patterson and Richardson. Id. at 33, 17 A.3d 801. Writing for the unanimous Court, Justice Long noted:

In this case, the member, a policeman, was involved in a terrifying fire rescue in which he was injured and the victim died. He applied for accidental disability benefits and, according to the Board ..., satisfied Richardson and experienced a Patterson-type horrific event. Despite that, the Board denied accidental disability benefits on the ground that, although the member experienced a qualifying “horror-inducing event,” the event was “inconsequential” and “not objectively capable of causing a reasonable person in similar circumstances to suffer a disabling mental injury.” That determination, which was affirmed by the Appellate Division, was an improper application of Patterson, in which we declared that a qualifying traumatic event is, in itself, objectively capable of causing a reasonable person to suffer permanent mental injury. Thus, the Board erred in denying the member accidental disability benefits.
[Id. at 18-19,17 A.3d 801 (citation omitted).]

In this appeal, appellant now argues that the Board’s decision in his case was arbitrary and capricious and, as was the case in Russo, misapplied the standards established by the Supreme Court in Patterson and Richardson. We agree with appellant’s position and reverse. The Board’s denial of his application for accidental disability benefits mischaracterized the factual record and was predicated on an incorrect application of the prevailing legal standards.

Although we provided a summary description of the salient facts and procedural history of this case in appellant’s first appeal, Caminiti, supra, 394 N.J.Super. at 480-81, 927 A.2d 560, we will nevertheless elaborate and expand upon the events that triggered this protracted legal saga. Our intent in doing so is to give a meaningful factual context to our legal analysis. These facts are [5]*5derived from the testimony and evidence presented to the ALJ at the first evidentiary hearing.

I

Appellant joined the Essex County Sheriffs Department in 1986. He also worked with the County’s emergency services unit as a certified fire investigator and canine trainer. This required him to respond to incidents involving shootings, fire investigations, and bomb threats. On January 20, 2000, appellant was dispatched with his trained police dog to the campus of Seton Hall University in the Township of South Orange to investigate a major fire that had occurred the previous day; a student dormitory had been set ablaze, causing the death of three resident students and injuring many others.

As he drove through the South Mountain Reservation, he saw a vehicle in a parking area with its front hood, trunk, and both doors open and a man walking towards the woods. Simultaneously, he heard a radio call reporting that a man was in the area attempting to commit suicide. As he tried to notify dispatch of his observations, a second radio call reported that this same individual was threatening a police officer with a tire iron.

Appellant parked his vehicle on the road and walked toward the Reservation area. He soon saw a man “swinging a tire iron wildly in the air,” beating the top of a car, and reaching inside through the open doors to hit the dashboard. He also saw a Maplewood police car and an officer he recognized as a Maplewood police lieutenant.

Appellant radioed the license plate number of the car the man was hitting and was informed that it was registered to B.R.1 B.R. was swinging the tire iron in the air, shouting profanities, and threatening to “kill ya’s.” Appellant began talking to B.R. in an [6]*6attempt to calm him down. His efforts proved to be ineffectual however, because B.R. continued to yell obscenities and “started to come at [appellant].” When B.R. was about four feet away, appellant drew his service weapon with one hand and put up the other hand to signal B.R. to stop his advancement. Believing that his life was in danger, appellant started to retreat. At one point, B.R. swung at appellant, but eventually stopped advancing towards him.

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Bluebook (online)
66 A.3d 192, 431 N.J. Super. 1, 2013 WL 2338505, 2013 N.J. Super. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caminiti-v-board-of-trustees-njsuperctappdiv-2013.