N.J. Officer’s Exacerbated PTSD Meets State Law Standard for Benefits

Case File

Was a deputy's exacerbation of PTSD after shooting someone in the line of duty more like a heart attack or tripping with arthritis? A New Jersey court weighed in on determining "injury" under a law benefitting police and firefighters.

Case

H.F. v. Board of Trustees, Police and Firemen's Retirement System, No. A-3848-23 (N.J. Super. Ct. App. Div. 01/07/26)

What Happened?

Prior to his employment with a New Jersey county's sheriff's office, a deputy served honorably in the U.S. Marine Corps. While in the Marines, the deputy suffered from alcohol use disorder and experienced four IED explosions, the death of a friend by a sniper, discovering a Marine's suicide, and the loss of his best friend from a landmine explosion.

After beginning work with the sheriff's office, the deputy struggled with alcohol use and experienced post-traumatic symptoms that included nightmares and flashbacks, depression, poor concentration, and hypervigilance.

Eventually the deputy was diagnosed with AUD and post-traumatic stress disorder, both of which his doctors opined were "more likely than not" caused by "stressors" the deputy experienced in the military.

While on a call, the deputy was involved in an incident in which a suspect drew a gun and, in response, the deputy shot the suspect four times, resulting in the suspect's death.

At the scene, the deputy exhibited an acute stress reaction and developed PTSD symptoms. The office placed the deputy on administrative leave, and his workers' compensation carrier referred him for medical evaluations.

The deputy began seeing a therapist as well as receiving treatment from a psychiatrist. However, his symptoms did not improve, so the deputy sought accidental disability retirement benefits.

The Board of Trustees, Police and Firemen's Retirement System granted the deputy ordinary disability retirement benefits but denied him ADR benefits because his reported disability was the result of a preexisting disease alone or a preexisting disease that was aggravated or accelerated by the work effort.

An administrative law judge affirmed the board's denial, finding that it was not likely that the shooting directly caused a completely new case of PTSD and that the deputy suffered an aggravation of his preexisting PTSD.

The deputy appealed to court.

Rule of Law

In New Jersey, to qualify for ADR benefits, an employee must demonstrate he is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular duties.

A "traumatic event" is an unexpected external happening that directly causes injury and is not the result of preexisting disease alone or in combination with work effort.

To establish entitlement to ADR benefits, a member must prove:

(1) That he is permanently and totally disabled;

(2) As a direct result of a traumatic event that is

(a) Identifiable as to time and place,

(b) Undesigned and unexpected, and

(c) Caused by a circumstance external to the member (not the result of preexisting disease that is aggravated or accelerated by the work).

(3) That the traumatic event occurred during and a result of the member's regular or assigned duties;

(4) That the disability was not the result of the member's willful negligence; and

(5) That the member is mentally or physically incapacitated from performing his usual or another duty.

What the Court Said

The court agreed with the deputy that the board's denial of his ADR benefits warranted reversal because it improperly imposed a heightened standard for determining what was a "direct result of a traumatic event."

The court held instead, that deputy only needed to prove that a disabling exacerbation of a preexisting mental disorder was caused by an external work circumstance to show that his disability was caused by a traumatic event as required under Richardson v. Board of Trustees, 192 N.J. 189 (N.J. 2007).

According to the court, its conclusion consistent with a "long-established line" of New Jersey Supreme Court cases, as follows:

Cattani v. Bd. of Trs., PFRS, 69 N.J. 578 (N.J. 1976). The New Jersey Supreme Court recognized that a basis to award ADR benefits "exist[s] if it [is] shown that the disability directly resulted from the combined effect of a traumatic event and a preexisting disease." The court explained that accidental disability may arise even though an employee is afflicted with an underlying physical disease bearing causally upon the resulting disability. In such cases, the traumatic event need not be the sole or exclusive cause of the disability."

Gerba v. Bd. of Trs., PERS, 83 N.J. 174 (N.J. 1980). The "traumatic event" must "constitute[] the essential significant or the substantial contributing cause of the resultant disability." ADR benefits are "available to those with a preexisting disease only where an unusual or excessive effort aggravated or accelerated that disease."

Russo v. Bd. of Trs., PFRS, 17 A.3d 801 (N.J. 2011). A qualifying traumatic event is "an unexpected external happening that directly causes injury and is not the result of pre[]existing disease alone or in combination with work effort."

Patterson v. Bd. of Trs., PFRS, 942 A.2d 782 (N.J. 2008). A member must demonstrate an exacerbation of a preexisting injury caused by the unexpected traumatic external event—in this case the shooting—and not regular work duties. The member must establish the traumatic event was the cause of his or her suffered exacerbation of a preexisting physical or mental injury through credible medical evidence.

In the instant case, the court found that the deputy suffered the mental disability of an exacerbation of his PTSD as a direct result of the shooting, which was a circumstance external to his regular police duties. Thus, the deputy irrefutably showed objective medical evidence that he suffered a qualifying exacerbation a preexisting injury that was a direct result of a circumstance external to him.

"We see no distinction between an exacerbation of a physical disability and a mental disability for an award of ADR benefits," distinguishing between someone with heart condition who experiences a heart attack while chasing a suspect and someone with degenerative arthritis who trips over equipment and is injured. The former would not be covered and the latter would because the tripping example illustrates that a member with a preexisting disease could prove a disability aggravation or exacerbation injury after meeting an initial "terrifying or horror-inducing event."

Verdict: The court reversed and remanded to the Board to grant the deputy benefits.

Takeaway

In New Jersey, members of the Police and Firemen's Retirement System may prove a disability was caused by a traumatic event if they prove a disabling exacerbation of a preexisting mental disorder was caused by an external work circumstance.

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