Free public database to locate Ontario lawyers who speak your language

Are you a legal professional?
Corrections Officer Who Fell While Going to Her Car to Retrieve an Item Gets Benefits

Pennsauken, NJ (Law Firm Newswire) June 25, 2019 – The Appellate Division of the New Jersey Superior Court ruled that a fall on ice by a corrections officer while on the way to her car to retrieve a hygiene item occurred during the performance of her regular or assigned duties, entitling the officer to an accidental disability pension.

Kristy Bowser, a corrections officer, learned she would be working a second shift at the Mercer County Correctional Center (MCCC). During the second shift, she went to her car to retrieve a feminine hygiene product. While walking to her car in the MCCC parking lot, Bowser fell on ice, resulting in permanent and total disability.

Bowser applied for an accidental disability pension with the Police and Firemen's Retirement System Board of Trustees (Board). The Board denied Bowser's application, finding that her injury did not occur during and as a result of her regular or assigned duties.

The Appellate Division, in Bowser v. Board of Trustees, Police and Firemen's Retirement System, ruled in June 2018 that Bowser's break to retrieve necessary items from her car was like an employee taking a restroom break during the workday. Bowser obtained relief from a fellow officer before leaving her post, and she was on the clock at the time.

In Mattia v. Board of Trustees, Police and Firemen's Retirement System, a decision reached by the same panel on the same day, the Appellate Division upheld the Board's denial of benefits to Paul Mattia. Mattia fell on ice in the parking lot, injuring himself, before he checked in to receive his work assignment.

Proving an injury occurred within the scope of employment or regular duties of the job can be difficult without the benefit of an experienced workplace attorney. Talk to a lawyer at Petrillo and Goldberg at 856.249.9295.

Petrillo & Goldberg Law

6951 North Park Drive
Pennsauken, NJ 08109

19 South 21st Street
Philadelphia, PA 19103

70 South Broad Street
Woodbury, NJ 08096

Phone: 856-486-4343
Fax: 856:486-7979

  • Workers’ compensation for worker who contracted Legionnaires’ Disease
    A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […]
  • Settlement of labor law accusations against six South Jersey gas stations
    According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […]
  • Governor Christie says he will approve back pay for furloughed workers during government shutdown
    New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […]
  • Long wait for survivor benefits for the spouse of volunteer
    Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […]
  • Settlement in retaliation suit grants city employee $75K
    A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]







Advertisement