Smith v. State

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we reject the novel contention that a public employee may be eligible for accidental disability pension benefits, pursuant to N.J.S.A. 43:15A-43, when the traumatic event that caused the disability occurred before the employee became a member of the Public Employees’ Retirement System (PERS).

Sharon K. Smith was hired on March 24, 2003 by the Department of Human Services to work as a nurse at Trenton Psychiatric Hospital. On May 29, 2003, while a temporary employee, Smith was struck on the head by a patient and placed on…