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Retired correction officer entitled to disability during hand injury



A New Jersey Appeal Court held on Monday that a correctional officer was entitled to an invalidity pension.

In Brown Against the Board, Police and Fireman's Pension System Superior Court of New Jersey The Jersey City Appellate Department turned a board decision denying employment benefits for damages allegedly sustained during the operation of a prison gate.

Ebony Brown worked as a senior correction officer at Trenton State Prison in Trenton, New Jersey, who oversaw one of the female units, divided into four levels separated by large locked sliding gates. While Ms. Brown said the gates normally slid easily after unlocking, she said that during her shift on July 1

, 2008, when she tried to close a gate after an inmate check, it stopped suddenly and she heard a pop in her hand and realized she had damaged her right wrist.

She reported the injury and the damage mark stated that her wrist was visibly swollen and that the door suddenly got stuck while Ms Brown closed it and caused the damage. Maintenance was required to inspect the door.

In June 2011, Brown rewounded her right wrist while he hindered one inmate. In March 2016, Mrs Brown canceled, and the following month she filed an invalidity pension application. The New Jersey Board of Police and Fire Brigade Pension Scheme rejected her claim because her 2011 injury was existing and that she would have to determine that the 2008 Injury Injury was qualifying under the criteria of accidental invalidity pension. Ms. Brown appealed, but an administrative judge also considered that the board noted that the first damage was not "unfinished and unexpected" and it "would foresee that a shooting port would jam or become inability" and that it was "Part of the ordinary duties of anyone driving a sliding gate. " She appealed.

The Appellate Board of New Jersey, the Appellate Division, held that the board wrongly applied an "unreasonably restrictive concept" of "undeveloped and unexpected" event to Ms. Brown's injury in 2008. The court claimed that Mrs Brown had no reason to foresee that the door would jam , and there were no signs of past gaps. The court stated that the board admitted that the record did not provide evidence that Mrs. Brown hit the gate when it stuck to contribute to her injury and rather found that the evidence showed that the incident was "clearly an undefined accident". [19659002] As a result, the court argued that the board made a wrong legal conclusion and found that Ms. Brown was entitled to an accidental invalidity pension and reversed the decision.

The lawyers for the board could not be reached for comments.

                    


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