The New Jersey Superior Court Appellate Division ruled that a corrections officer fell on ice while driving to her car to retrieve a hygiene product. This was in the course of her regular or assigned duties and entitled her to an accidental disability pension.
Kristy Bowser is a corrections officer. She learned that she would be working a second day at the Mercer County Correctional Center. During the second shift, she went to her car to get a feminine hygiene product. Bowser was walking in the MCCC parking lots to her car when she fell on ice. This resulted in her permanent and total disability.
Bowser applied to the Police and Firemen’s Retirement System Board of Trustees for an accidental disability pension. Bowser’s request was denied by the Board, as her injury occurred during or as a result of her regular or assigned duties.
In Bowser v. Board of Trustees Police and Firemen’s Retirement System (June 2018), the Appellate Division ruled that Bowser’s stop to retrieve items from her car was similar to an employee using a bathroom break during work hours. Bowser sought relief from another officer before she left her post. She was also on the clock at that time.
Mattia v. Board of Trustees, Police and Firemen’s Retirement System, a decision that was reached on the same day by the same panel, the Appellate Division upheld the Board’s refusal to pay benefits to Paul Mattia. Mattia, who was injured when he fell on the parking lot ice, had to check in for his assignment.
Without the assistance of an experienced workplace lawyer, it can be difficult to prove that an injury occurred in the course of employment. Call Petrillo and Goldberg to speak with a lawyer.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
Phone: 856-486-4343
Fax: 856:486-7979
from lawyers.buzz https://lawyers.buzz/new-jersey-superior-court-rules-for-injured-corrections-officer/197/
via IFTTT
No comments:
Post a Comment