QUESTION
How can I be forced to medically retire, yet denied disability?
Asked on Mar 28th, 2014 on Labor and Employment - New Jersey
More details to this question:
I was a correction officer for the state of NJ for 14 years. While restraining a combative inmate, I injured my spine. This required 4 steel plates to be fused in my spine. I was forced to medically resign by the State appointed surgeon, as well as my job. Somehow, the Pension Board denied me disability, as well as an ALJ. How can I now be unemployed and unable to collect pension disability? If the judge ruled I am able to return to my full duties, isn't the job required to hire me back? How can the state say that I'm too injured to return to my job, yet not injured enough for disability? There are no alternate positions available. I feel this is violating my worker's rights. I was denied both Accidental and Ordinary Disability AND denied the right to return to work! I was never told to return to work and refused, in fact it was never even mentioned. We've lost our house over this process! What should I do?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
Update Your Profile
what does your attorney say about the losses at each level ? you lost at the pension board and at the ALJ. these are sophisticated hearings with attorneys and transcripts and rulings. what were the rulings ? you should have written opinions. we can review the written opinions if that would be helpful. we would provide you with a written opinion. the cost would be minimal. ed dimon, esq. 732-797-1600 ext 235
Answered on Mar 31st, 2014 at 5:23 PM