# JOHANNAH G. SHOLOMISKY VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM (POLICE AND FIREMEN'S RETIREMENT SYSTEM)

> New Jersey Superior Court Appellate Division · February 20, 2019

URL: https://www.frixlaw.com/law-library/cases/4429302

## Case

- **Court:** New Jersey Superior Court Appellate Division
- **Decided:** February 20, 2019
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

NOT FOR PUBLICATION WITHOUT THE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-1998-17T4

JOHANNAH G. SHOLOMISKY,

Petitioner-Appellant,

v.

BOARD OF TRUSTEES, POLICE
AND FIREMEN'S RETIREMENT
SYSTEM,

Respondent-Respondent.
_____________________________

Argued January 16, 2019 – Decided February 20, 2019

Before Judges Nugent and Mawla.

On appeal from the Board of Trustees of the Police and
Firemen's Retirement System, Department of the
Treasury, PFRS No. 3-10-052154.

Donald C. Barbati argued the cause for appellant
(Crivelli & Barbati, LLC, attorneys; Frank M. Crivelli
and Donald C. Barbati, on the brief).

Amy Chung, Assistant Attorney General, argued the
cause for respondent (Gurbir S. Grewal, Attorney
General, attorney; Melissa H. Raksa, Assistant
Attorney General, of counsel; Eric L. Apar, Deputy
Attorney General, on the brief).

PER CURIAM

Petitioner, Johannah Sholomisky, a former corrections officer, appeals

from the final agency decision of the Board of Trustees, Police and Firemen's

Retirement System (the Board), that denied her application for accidental

disability retirement benefits. Throughout the administrative proceedings — the

initial rejection of petitioner's application, the contested hearing before an

Administrative Law Judge (ALJ), and the Board's final consideration of

petitioner's objections to the ALJ's decision — the parties' primary dispute was

whether petitioner's disability directly resulted from the trauma she suffered

while subduing a prisoner during the course of her employment, or from a pre-

existing medical condition. The ALJ and the Board found credible the medical

evidence that petitioner's disability was not the direct result of a traumatic event.

We affirm. The Board's decision is supported by sufficient credible

evidence on the record as a whole. R. 2:11-3(e)(1)(D). Petitioner's arguments

are without sufficient merit to warrant further discussion in a written opinion.

R. 2:11-3(e)(1)(E).

Affirmed.

A-1998-17T4
2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4429302. Public record. Not legal advice.