In Re Application of Howard Smith

The opinion of the Court was delivered by

Francis, J.

We are concerned here with an injured fireman’s right to accidental disability retirement pension benefits. The problem arose because the fireman obtained an award of workmen’s compensation after his application for disability retirement had been filed but before the Board of Trustees of the Police and Firemen’s Retirement System had reached its final decison granting the disability pension. The unusual circumstances which created the problem are detailed below.

Petitioner Howard Smith became a member of the West Orange Fire Department in…