PETRUCELLI v. BOARD OF TRUSTEES OF PUBLIC EMPLOYEES' RETIREMENT SYSTEM


211 N.J. Super. 280 (1986)

511 A.2d 735

MARTIN PETRUCELLI, APPELLANT, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1986.


Attorney(s) appearing for the Case

Joseph V. DeMasi argued the cause for appellant (DeMasi & DeMasi, attorneys).

Kathleen O. Curley, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges KING, SIMPSON and SCALERA.


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...

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