NJ Cops November 2016 | Page 10

Supreme Court to hear PTSD Pension Appeal The New Jersey Supreme Court has agreed to hear an appeal of an unpublished Appellate Division decision (Mount v. PFRS), which upheld a decision by the PFRS Board of Trustees denying a law enforcement officer’s application for accidental disability retirement based upon a psychological disability. The appeal concerns the issue of what circumstances qualify as “undesigned and unexpected” when a law enforcement officer, or any public employee, seeks a psychological disability based upon a non-physical event. By way of background, there are two sets of standards an employee must meet when applying for an accidental disability pension based upon a psychological disability. Each standard is based upon Supreme Court decisions in Richardson v. PFRS and Patterson v. SPRS. In Richardson, the court held that a claimant seeking an accidental disability retirement pension must prove that he or she is permanently and totally disabled as a direct result of a traumatic event that is identifiable as to time and place, is undesigned and unexpected and is caused by circumstances external to the member but not the result of a pre-existing disease that is aggravated or accelerated by the work. The traumatic event must also occur during, and as a re- 10 NEW JERSEY COPS ■ NOVEMBER 2016 sult of, a member’s regular and assigned duties and must not be the result of a member’s willful negligence. There are additional standards in the case of a psychological disability based upon a non-physical event, so-called “mental-mental” cases. In Patterson, the court held that to be eligible for such a pension, the officer must meet the Richardson standards and must also demonstrate that the disability resulted from a “direct personal experience of a terrifying or horror-inducing event that involves actual or threatened death or serious injury, or a similarly serious threat to the physical integrity of the member or another person.” With these standards in mind, the Appellate Division decision in Mount v. PFRS involved a municipal officer who was dispatched to a serious motor vehicle collision. The officer was trained on how to address scenes of motor vehicle accidents but was not trained on how to extract occupants from a vehicle or how to deal with vehicle fire. Upon arriving at the scene, the officer observed a heavily damaged car with dark black smoke and saw an arm hanging out of the driver’s side of the vehicle. There were no signs of life,