Petrucelli v. Board of Trustees

The opinion of the court was delivered by

KING, P.J.A.D.

This appeal is taken from the denial of accidental disability retirement benefits under N.J.S.A. 43:15A-43.1 The Board of Trustees of PERS denied the application, finding appellant permanently and totally disabled as a result of “pre-existing long-standing arthritis” and thus confirming the conclusions of the administrative law judge who had recommended denial of benefits. We disagree as a matter of law and reverse.

Martin Petrucelli, age 51, worked for the State’s Department of Environmental Protection (DEP) as an Environmental Compliance…