New Jersey Court Turns Down Injured Worker’s Appeal for Permanent Disability in Series of Workplace Accidents

Earlier this month, the Superior Court of New Jersey, Appellate Division, affirmed the decision of the Public Employees’ Retirement System Board denying an employee’s petition for an accidental disability retirement pension. The court in Simon-Moise v. Board of Trustees affirmed the decision of the Board, which relied on an Administrative Law Judge (ALJ) decision that the worker failed to prove she was permanently disabled.

The plaintiff in this case was a physical therapy assistant at the New Lisbon Developmental Center. In 2008, she suffered injuries to her neck, shoulders and arms over the course of three different workplace incidents, including having a patient fall on her, having a patient punch her in the back of the neck, and having to catch a falling patient. The worker claimed permanent disability as a result of these injuries and filed for a disability retirement pension.

Her first stop was a hearing before the ALJ, who decided she did not meet her burden of proving permanent disability. The ALJ decided that the other side’s medical experts were more persuasive than the worker’s medical experts. Also, the ALJ did not think the worker herself made a very credible witness.

The decision of the ALJ was accepted by the Board of Trustees of the Public Employee’s Retirement System. The worker appealed to court, claiming that the weight of the evidence was in her favor and not the Board’s. After reviewing the record, the court decided that the Board’s decision was supported by “substantial credible evidence” and that there was “no basis to disturb the Board’s decision.”

The standard of review in an appeal like this presents a tough standard for the employee to overcome. It is critical to present the strongest possible case at the ALJ hearing in order to be successful.