GABLE v. BOARD OF TRUSTEES


115 N.J. 212 (1989)

557 A.2d 1012

STEPHEN F. GABLE, SR., RESPONDENT, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, APPELLANT. WILLIAM COOK, RESPONDENT, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, APPELLANT.

The Supreme Court of New Jersey.

Decided May 16, 1989.


Attorney(s) appearing for the Case

Kathe Flinker Mullally, Deputy Attorney General, argued the cause for appellant (Donald R. Belsole, Acting Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General and Michael R. Clancy, Deputy Attorney General, of counsel; Kathe Flinker Mullally and Deborah Klein Davis, Deputy Attorney General, on the briefs).

James Katz argued the cause for respondent Stephen F. Gable, Sr. (Tomar, Seliger, Simonoff, Adourian & O'Brien, attorneys).

Michael D. Schottland argued the cause for respondent William Cook (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys).

Robert A. Fagella submitted a brief on behalf of amicus curiae, New Jersey State PBA in Gable v. Board of Trustees of the Police and Firemen's Retirement System (Zazzali, Zazzali, Fagella & Nowak, attorneys; Robert A. Fagella and Richard A. Friedman, of counsel and on the brief).


The opinion of the Court was delivered by GARIBALDI, J.

These consolidated cases present yet another opportunity to examine the elusive concept of what constitutes a "traumatic event." Respondents Stephen Gable and William Cook, two corrections officers, claim they are entitled to receive accidental-disability retirement benefits under the Public Employees' Retirement System (PERS), N.J.S.A. 43:15A-1 to -141, and the...

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