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Wilson v. Board of Trustees of the Police and Firemen's Retirement System

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


October 3, 2007

MONICA WILSON, APPELLANT,
v.
BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM, RESPONDENT.

On appeal from a Final Administrative Decision of the Board of Trustees of the Police & Firemen's Retirement System.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 25, 2007

Before Judges Coburn and Grall.

Monica Wilson appeals from a final administrative decision issued by the Board of Trustees of the Police and Firemen's Retirement System on September 12, 2006, adopting the decision of an Administrative Law Judge (ALJ), who had found that Wilson was not entitled to accidental disability retirement benefits. Wilson's sole contention is that the final administrative decision is against the weight of the evidence. After carefully considering the record and briefs, we are satisfied that the decision is supported by sufficient credible evidence on the record as a whole, R. 2:11-3(e)(1)(D), and that Wilson's arguments to the contrary are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Nonetheless, we add the following comments.

Assuming that all three accidents qualified as traumatic events, a somewhat doubtful proposition as to the first accident, which occurred on October 25, 2000, the case turned on a comparison of the credibility of Wilson and her expert, a non-treating physician, with the credibility of the physician selected by respondent. Although Wilson's brief suggests that the respondent's expert was less credible than her expert, she does not even discuss his opinion in detail in either her statement of facts or argument. The ALJ's description of the testimony is accurate, and it shows a classic disagreement between two experts, with some evidence supporting both; but in this case the weight of the evidence is on respondent's side.

Given the narrow scope of our review, Gerba v. Board of Trustees of the Public Employees' Retirement System, 83 N.J. 174, 189 (1980), we are obliged to affirm.

Affirmed.

20071003

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