NJ Cops Aug18 | Page 13

explosions at such a close range without firefighting equipment or protective gear, which were circumstances that rendered him help- less. It should be noted that while the Court reversed the Appellate Division, it did not find that the officer was entitled to accidental disability benefits. The case was sent back to the Appellate Division to consider a different factor also required for an accidental dis- ability award, which the court did not reach in its decision. In the Martinez case, a detective who was a municipal police department’s hostage negotiator applied for accidental disabili- ty retirement benefits based upon “psychological injuries when a lengthy hostage negotiation ended with the shooting death of the hostage-taker, as he and [the detective] spoke by cellphone.” While on the phone with the suspect, the detective heard him yell “Gerry Gerry…Help me. Help me, Gerry. They’re going to kill me.” He then heard two pops and silence. The detective was diagnosed with PTSD and major depressive disorder after the incident and applied for accidental disability benefits. The PFRS Board denied the application, in part because nothing took place during the incident that the detective “should not have been prepared for as a trained negotiator.” As a result, the Board concluded that the event was not “undesigned and unex- pected,” and denied the application for accidental disability ben- efits. The detective appealed, and the Appellate Division reversed the Board’s decision, concluding that the event was “undesigned and unexpected.” The Supreme Court reversed the Appellate Division and rein- stated the Board’s decision, concluding that the detective did not demonstrate that the disability was “undesigned and unexpected.” The evidence in the record established that, based upon the detec- tive’s training as a hostage negotiator, he had reason to anticipate that a tactical entry might be made at the suspect’s location while the detective was on the phone with him and without the detective being informed of the tactical entry before it happened. The facts also supported that such a tactical entry was likely to take place under the circumstances presented, namely, the precise police tactics that were used gave warning to the detective that the inci- dent might end violently. Thus, even though the detective might not have expected that the suspect with whom he was negotiating would suddenly be killed, the detective should have known, based on his training and experience, that a tactical entry and shooting of the suspect might occ ur during the negotiations. These cases highlight the difficulty in applying the “undesigned and unexpected” element of the standard. In Mount, despite the fact that the officer was trained to respond to fatal accidents which could involve horrible injuries or deaths, the incident was deemed “undesigned and unexpected.” Yet, in the Martinez case, the Court found that the hostage negotiator’s training should have prepared him for a suspect to be killed during a tactical entry while on the phone with the detective. Put differently, the Court felt that such an event was not “undesigned and unexpected.” In sum, the lesson to be drawn from these cases is that it is im- portant to consider not just an officer’s written job specifications, but also specific duties and responsibilities as well as the officer’s training. The outcomes in such cases are very dependent on the facts of each case and how they are presented at trial. Our office has handled many such cases, representing law enforcement of- ficers, firefighters and other public employees in these appeals in the PFRS and other state pension systems – SPRS for State Troop- ers, TPAF for teachers and PERS for public employees. PBA mem- bers who are considering whether to apply for accidental disability retirement benefits should consult with experienced counsel to discuss whether they can meet this and the other elements neces- sary for eligibility. The “undesigned and unexpected” factor is but one of several factors which must be met in order to qualify. We will continue to provide information on this important issue to the State PBA and its members as more cases arise. d www.njcopsmagazine.com ■ AUGUST 2018 13