As reported by the New Jersey Law Journal, the Appellate Division recently issued an opinion in the matter Westphal v. Board of Trustees, Police and Firemen’s Retirement System, which addressed certain issues associated with the filing of involuntary disability retirement applications. In the case, the Petitioner, William Westphal, appealed from the Board of Trustees’ denial of his application for accidental disability retirement benefits. Previously, Westphal was employed as a police officer and enrolled in the Police and Firemen’s Retirement System. After a fitness examination, the police department found Westphal to be totally and permanently disabled.  As such, the Township authorized the filing of an involuntary disability retirement application on his behalf.

The Division of Pensions and Benefits informed Westphal that an application had been filed on his behalf. The Division also advised him of the thirty (30) day deadline to contest the application. Westphal did not take any action to contest the application, but, instead, subsequently filed an application for accidental disability retirement benefits on his own. However, due to the pending involuntary disability benefits application, the Division declined to process his application. Thereafter, the Board of Trustees denied Westphal’s request to change his application because he had not timely contested the involuntary application filed by the Township and was otherwise statutorily ineligible to file for accidental disability retirement benefits.

On appeal, Westphal argued that he was not provided with adequate notice of the type of benefits sought by the Township on his behalf and, therefore, the Board of Trustees’ failure to consider the lack of notice rendered its decision arbitrary and capricious. The Appellate Division agreed and reversed the Board’s decision. To this end, the Court ruled that the notice of application sent to Westphal failed to notify him of the difference between involuntary ordinary disability retirement benefits and accidental disability benefits or even make clear that there were multiple types of benefits.

The Court further held that the Board would not be prejudiced by consideration of a late change request, as it had not finalized the original application. Finally, the Court held that Westphal was not statutorily disqualified from seeking accidental disability benefits because he was still employed when the original application was filed.

This holding is important because it clarifies that an employer who files an involuntary disability retirement application on an employee’s behalf should provide the employee with notice of the types of benefits being sought in the involuntary application.  The difference between the amount a public safety officer will receive for accidental disability retirement benefits as opposed to ordinary disability retirement benefits is extraordinary.  As such, if an involuntary disability retirement application is filed on your behalf, it is crucial to know what exact type of benefits are being sought.  The Court’s holding in this matter seems to confirm this fact.

As such, if you are faced with an employer seeking to file an involuntary disability retirement application on your behalf, you should contact an experienced attorney to assist you.  As this case illustrates, there are a myriad of issues that could arise and you want to ensure you receive the maximum amount you are entitled to.

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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.