In re Dykas

619 A.2d 660, 261 N.J. Super. 626, 1993 N.J. Super. LEXIS 21
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 29, 1993
StatusPublished
Cited by3 cases

This text of 619 A.2d 660 (In re Dykas) 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
In re Dykas, 619 A.2d 660, 261 N.J. Super. 626, 1993 N.J. Super. LEXIS 21 (N.J. Ct. App. 1993).

Opinion

The opinion of the court was delivered by

KESTIN, J.A.D.

In October, 1989, petitioner, Naoma Dykas, was diagnosed as suffering from carpal tunnel syndrome in both wrists, more severe on the left than on the right. On November 14, 1989, she underwent surgery to correct the condition in her left wrist and received sick leave injury (SLI) benefits pursuant to N.J.S.A. 11A:6-8 and N.J.A.C. 4A:6-1.6 for her two-month recovery period. Petitioner underwent a second surgical procedure on August 31, 1990 to correct the condition in her right wrist. The recovery period for this operation was IV2 months. Sick leave injury benefits for this latter period of disability were denied by her employing agency, the Division of Motor Vehicles (DMV).

Petitioner appealed and the Merit System Board (Board) upheld the denial on two grounds. One was that an “accident date” of “approx. 06-01-89” was specified in the “Employer’s First Report of Accidental Injury or Occupational Disease” submitted by petitioner on October 30, 1989; and that the time period between the specified date of injury, June 1, 1989, and the date of the second surgery, August 31, 1990, exceeded a one-year limitation established in N.J.A.C. 4A:6-1.6(b)3, which provides:

Benefits are limited to a one year period from the initial date of the injury or illness.

The report had described the injury as “Carpol (sic) Tunnel Syndrome — Both Wrists (Surgery on left).” In a submission to the Board, the DMV asserted its wish to waive the one-year limitation, but indicated that it was uncertain whether the type of injury suffered by petitioner qualified for the benefit sought. That caveat was articulated notwithstanding the DMV’s grant [630]*630of SLI benefits to the petitioner in relation to the first surgery without having raised any such question.

In its other ground for denying petitioner’s application, the Board held that she had “allege[d] that her condition was caused by the repetitive sorting of cards rather than a single incident. This type of injury does not meet SLI criteria----” The Board at the time, therefore, appears to have rejected occupational diseases for SLI coverage, recognizing only traumatic injuries as being covered.

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Related

Sa v. Director
26 N.J. Tax 377 (New Jersey Tax Court, 2012)
In re Bennett
762 A.2d 1070 (New Jersey Superior Court App Division, 2000)
Matter of Musick
670 A.2d 11 (Supreme Court of New Jersey, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
619 A.2d 660, 261 N.J. Super. 626, 1993 N.J. Super. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dykas-njsuperctappdiv-1993.