Worker's Comp - Denial of Accidental Disability
A public employee's negligence contributing to a workplace accident must be willful to disqualify him from an accidental disability pension, a New Jersey appeals court ruled on Tuesday. The court held that a school custodian injured as he and two students were trying to lift a heavy object could be found the victim of an "undesigned and unexpected" event — the standard set forth by the state Supreme Court. But the appeals panel, in Brooks v. Board of Trustees, Public Employees' Retirement System, A-3778-10, a precedential ruling, also held that the standard was confusing enough that further guidance was needed.
WILLFULNESS OF NEGLIGENCE IS TEST FOR DENIAL OF ACCIDENTAL DISABILITY PENSION
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