IN RE APPLICATION OF HOWARD SMITH


57 N.J. 368 (1971)

273 A.2d 24

IN THE MATTER OF THE APPLICATION OF HOWARD SMITH, PETITIONER, TO THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM FOR ACCIDENTAL DISABILITY RETIREMENT.

The Supreme Court of New Jersey.

Decided January 25, 1971.


Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellant Board of Trustees of the Police and Firemen's Retirement System (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Ralph A. Yacavino argued the cause for petitioner-respondent (Mr. Frank A. Palmieri, attorney).


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 decision granting the disability pension. The unusual circumstances...

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