Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Thursday, January 15, 2015

JAMES MORAN VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM A-1041-13T1


JAMES MORAN VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM
A-1041-13T1
In the absence of the unit that normally forced entry into structures, and having no battering tools at his disposal, a firefighter rescued two people from a burning building by kicking in the reinforced front door. He was permanently disabled as a result, but was denied an accidental disability pension. Finding that the PFRS Board took too narrow a view of the standards set forth in Richardson v. Board of Trustees, Police and Firemen's Retirement System, 192 N.J. 189 (2007), we reversed the Board's decision that the firefighter was not disabled due to a traumatic event because the incident was not undesigned and unexpected. We concluded that the incident was undesigned and unexpected, and qualified as a traumatic event within the meaning of N.J.S.A. 43:16A-7.