Opinion

David Dombrowski v. Board of Trustees, Etc.

Court
New Jersey Superior Court Appellate Division
Filed
Apr 2, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 39.9%

The opinion

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the

internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0292-24

DAVID DOMBROWSKI,

Petitioner-Appellant,

v.

BOARD OF TRUSTEES,

POLICE AND FIREMEN'S

RETIREMENT SYSTEM,

Respondent-Respondent.

Argued January 15, 2026 – Decided April 2, 2026

Before Judges Marczyk and Puglisi.

On appeal from the Board of Trustees of the Police and

Firemen's Retirement System, Department of the

Treasury, PFRS No. xx2442.

Zinovia H. Stone argued the cause for appellant

(Caruso Smith Picini, PC, attorneys; Timothy R. Smith,

of counsel; Zinovia H. Stone, on the briefs).

Thomas R. Hower, Staff Attorney, argued the cause for

respondent (Gregory Petzold, Executive Director of

Legal Affairs, attorney; Thomas R. Hower, on the

brief).

PER CURIAM

Petitioner David Dombrowski appeals from a September 9, 2024 final

administrative decision of the Board of Trustees (Board) of the Police and

Firemen's Retirement System (PFRS), denying his application for accidental

disability retirement benefits (ADRB). We affirm.

I.

Petitioner was a patrol officer for the North Arlington Police Department

(NAPD). He began working for the NAPD in 2014 and enrolled in the PFRS

effective January 1, 2015. In addition to his duties as a patrol officer, petitioner

also served as a Law Enforcement Support Office (LESO)1 officer for

government procurement. As an LESO officer, petitioner routinely transported

government surplus supplies to local law enforcement agencies for their use.

On November 17, 2020, petitioner, accompanied by two other officers,

was unloading government surplus supplies for the NAPD's use. While

removing the boxes from the back of a pickup truck, one of them became stuck.

Petitioner attempted to pull the box loose to lift it out of the truck and, while

doing so, felt a pop in his left shoulder but did not initially feel pain. He

1

LESO is a federal government program used to transfer excess Department of

Defense property to local law enforcement agencies.

A-0292-24

2

completed his work for the day, went home, and when he woke up the next day,

felt pain in his left shoulder. Petitioner advised his supervisors of what occurred

but declined to have them fill out a report, anticipating he "could tough through"

the pain.

On January 17, 2021, petitioner notified NAPD Lieutenant Gary Edwards

of his injury and lingering pain. Lieutenant Edwards completed a First Report

of Injury (FROI) form on petitioner's behalf. In the FROI, Lieutenant Edwards

stated petitioner's injury occurred from "off[-]loading equipment out of a pick-

up [truck] when an item became stuck requiring extra effort [and] pulling [his]

muscle in the process."

Petitioner filed applications for ADRB on June 9 and September 17, 2021,

indicating he was disabled due to the November 17, 2020 incident and

requesting an effective retirement date of December 1, 2021. His second ADRB

application alleged: "As a result of this injury[,] I have limited range of motion

and cannot lift more than seven pounds in that arm. I cannot perform my duties

as a result of this injury."

The Board considered petitioner's application and denied his claim for

ADRB in an April 12, 2022 written decision. Because the Board found

petitioner was totally and permanently physically disabled, and his injury

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3

occurred during and as a direct result of his regular or assigned duties, it awarded

him ordinary disability retirement benefits (ODRB). However, it denied

petitioner's claim for ADRB, finding the incident was not undesigned and

unexpected.

Petitioner appealed from the denial of ADRB, and the Board transmitted

his case to the Office of Administrative Law for a hearing before an

administrative law judge (ALJ). In addition to recounting the incident,

petitioner testified he did not have any involvement in completing the FROI

form, was not present when Lieutenant Edwards completed it, and was not

shown the report prior to its submission. Petitioner did not instruct Lieutenant

Edwards to indicate he used "extra effort" to remove the box from being stuck,

and he did not recall ever saying that to anyone.

The ALJ's initial decision focused on whether the mechanism that caused

petitioner's injury was the result of an undesigned and unexpected event as

defined in Richardson v. Board of Trustees, Police & Firemen's Retirement

System, 192 N.J. 189, 212 (2007). He concluded appellant's application for

ADRB should be granted because "[t]here [wa]s no evidence in the record to

support any notion that [petitioner] expected or should have expected the box he

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4

was unloading to become stuck. . . . [I]t was the advent of an unexpected outside

force[] . . . that caused the accident."

The Board rejected the ALJ's conclusion petitioner was entitled to ADRB.

It disagreed with his finding the stuck box qualified as an "unexpected outside

force" under Richardson. The Board reasoned:

[Petitioner], alone, was attempting to lift the box; no

one performed an unusual act forcing the box to become

stuck simultaneous to [petitioner] attempting to lift it.

The action of attempting to loosen the box was not a

traumatic event outside of his control; it was his

decision to continue to attempt to move the box, despite

the fact that he found it was stuck. Although he did not

intend to injure himself, he had the option to

discontinue the attempt to move a box that was initially

immovable. For the foregoing reasons, the Board

rejects the determination that [petitioner] has met his

burden of proof that the incident was undesigned and

unexpected.

Thus, the Board concluded petitioner was not entitled to ADRB. On

appeal, petitioner argues the Board's decision was arbitrary, capricious,

unreasonable, and not supported by substantial credible evidence in the record.

II.

Our role in reviewing the decision of an administrative agency is limited.

Brady v. Bd. of Rev., 152 N.J. 197, 210 (1997). We accord a strong presumption

of reasonableness to an agency's exercise of its statutorily delegated

A-0292-24

5

responsibility, City of Newark v. Nat. Res. Council in Dep't of Env't Prot., 82

N.J. 530, 539 (1980), and "intervene only in those rare circumstances in which

an agency action is clearly inconsistent with its statutory mission or with other

State policy," Mazza v. Bd. of Trs., Police & Firemen's Ret. Sys., 143 N.J. 22,

25 (1995). We will not upset the determination of an administrative agency

absent a "clear showing that it is arbitrary, capricious, or unreasonable, or that

it lacks fair support in the record." Saccone v. Bd. of Trs., Police & Firemen's

Ret. Sys., 219 N.J. 369, 380 (2014) (quoting Russo v. Bd. of Trs., Police &

Firemen's Ret. Sys., 206 N.J. 14, 27 (2011)).

Although we are not bound by an agency's decision on purely legal

questions, we ordinarily give "substantial deference" to an agency's

interpretation of those statutes the agency is responsible for enforcing.

Richardson, 192 N.J. at 196. "This deference comes from the understanding that

a state agency brings experience and specialized knowledge to its task of

administering and regulating a legislative enactment within its field of

expertise." In re Election L. Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J.

254, 262 (2010). Rather, the judicial role in reviewing administrative action is

generally limited to the following inquiries:

A-0292-24

6

(1) whether the agency's action violates express or

implied legislative policies, that is, did the agency

follow the law;

(2) whether the record contains substantial evidence to

support the findings on which the agency based its

action; and

(3) whether in applying the legislative policies to the

facts, the agency clearly erred in reaching a conclusion

that could not reasonably have been made on a showing

of the relevant factors.

[Allstars Auto Grp., Inc. v. N.J. Motor Vehicle

Comm'n, 234 N.J. 150, 157 (2018) (quoting In re

Stallworth, 208 N.J. 182, 194 (2011)).]

To determine whether an agency's decision is supported by substantial

evidence, we may not "engage in an independent assessment of the evidence as

if [we] were the court of first instance." In re Taylor, 158 N.J. 644, 656 (1999)

(quoting State v. Locurto, 157 N.J. 463, 471 (1999)). We must consider only

"'whether the findings made could reasonably have been reached on sufficient

credible evidence present in the record,' considering 'the proofs as a whole,' with

due regard to the opportunity of the one who heard the witnesses to judge . . .

their credibility." Mayflower Sec. Co. v. Bureau of Sec., 64 N.J. 85, 92-93

(1973) (quoting Close v. Kordulak Bros., 44 N.J. 589, 599 (1965)). Evidence is

substantial if "a reasonable mind might accept [it] as adequate to support a

A-0292-24

7

conclusion." In re Application of Hackensack Water Co., 41 N.J. Super. 408,

418 (App. Div. 1956).

The PFRS pension plan grants ADRB if the member is

permanently and totally disabled as a direct result of a

traumatic event occurring during and as a result of the

performance of [the member's] regular or assigned

duties and that such disability was not the result of the

member's willful negligence and that such member is

mentally or physically incapacitated for the

performance of [their] usual duty and of any other

available duty in the department which [their] employer

is willing to assign to [them].

[N.J.S.A. 43:16A-7(a)(1).]

Under Richardson, an individual seeking ADRB under N.J.S.A. 43:16A-

7(a)(1) must prove the following elements:

1) that [the member] 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 pre-existing disease

that is aggravated or accelerated by the work);

3) that the traumatic event occurred during and as a

result of the member's regular or assigned duties;

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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 [their] usual or any other

duty.

[192 N.J. at 212-13.]

"The polestar of the inquiry is whether, during the regular performance of

[the] job, an unexpected happening, not the result of pre-existing disease alone

or in combination with the work, has occurred and directly resulted in the

permanent and total disability of the member." Id. at 214. "[A]n accident may

be found either in an unintended external event or in an unanticipated

consequence of an intended external event if that consequence is extraordinary

or unusual in common experience." Russo, 62 N.J. at 154. Injuries resulting

from an unusual situation or combination of circumstances are "undesigned and

unexpected." See Moran v. Bd. of Trs., Police & Firemen's Ret. Sys., 438 N.J.

Super. 346, 354 (App. Div. 2014); Brooks v. Bd. of Trs., Pub. Emps.' Ret. Sys.,

425 N.J. Super 277, 283-84 (App. Div. 2012).

Here, it is undisputed petitioner is permanently and totally disabled as a

result of the November 17, 2020 incident. It is also undisputed petitioner's

injury occurred during and as a result of the performance of his regular, assigned

duties. The sole issue is whether his disability was the result of a traumatic,

A-0292-24

9

unintended and undesigned event. Petitioner argues even though lifting the box

of surplus supplies was a part of his regular job tasks, the box getting stuck in

the process of moving it qualifies as an unexpected, external event under

Richardson.

Although a traumatic event can occur during usual work effort,

Richardson makes clear the "work effort itself . . . cannot be the traumatic

event." 192 N.J. at 211. Here, petitioner injured his shoulder while attempting

to lift a box that became stuck in the process of moving it. Nothing in the record

demonstrated the box became stuck from an external, undesigned, and

unexpected event that caused petitioner to suffer an injury while performing a

usual work duty. Rather, petitioner suffered "an unanticipated consequence of

an intended external event." Id. at 201 (quoting Russo, 62 N.J. at 154).

Because the act of moving a box of supplies from a truck was not

undesigned and unexpected, petitioner had to show the unanticipated

consequence of that normal intended work activity was "extraordinary or

unusual in common experience." Ibid. (quoting Russo, 62 N.J. at 154). Because

a shoulder injury from attempting to move a stuck box can hardly be classified

as extraordinary or unusual in our common experience, the Board correctly

found petitioner did not carry his burden.

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Lastly, we note the Board's final administrative determination referenced

Lieutenant Edwards's written statement petitioner used "extra effort" to attempt

to lift the stuck box, which was disputed by petitioner and unsupported by the

record. Nevertheless, excising this erroneous detail from the Board's decision

does not alter the analysis of whether an undesigned, unexpected traumatic event

occurred.

Affirmed.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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