Case ResultS

• Law Enforcement Disciplinary Matters

In the Matter of W.L. v. New Jersey State Prison, 2012 NJ AGEN Lexis 272, OAL DKT. No. CSR 14001-11S

• Successfully represented the client in regard to modifying a Domestic Violence Restraining Order that allowed the Law Enforcement Officer to have the ability to carry his weapon on duty and thus prevented his termination from employment as a State Corrections Supervisor.

In the Matter of Annie Baker, 20114 NJ Super, Unpub. Lexis 2650

• Client was terminated by the New Jersey State Juvenile Justice Division for failing to requalify with her weapon after twenty two (22) years of successful employment. The termination was upheld by the Administrative Law Judge, and the case was appealed to the Superior Court of New Jersey, Appellate Division. The Appellate Division sided with the client and reversed and remanded the matter under the premise that the client was the victim of disparate treatment. The client was returned to employment with full pay and benefits. Hundreds of thousands of dollars were awarded in back pay, and the client was reimbursed in full for all attorney’s fees and costs.

In the Matter of Lynette Butler, 2009  Super. Unpub. Lexis 1292

• Successfully thwarted the employer’s effort to terminate a law enforcement officer through its filing of an application for involuntary disability benefits. Client was returned to employment and received over three years of back pay and reimbursement of the cost of fringe benefits.

In the Matter of Robert Rivera, Passaic County, 2014 NJ CSC Lexis 338, CSR Docket No. 2011-2798 OAL Docket No. CSV 06927-11

• Successfully overturned the termination of the employee. Client obtained over three years of back pay and fringe benefits as a result of the decision. Additionally, with the award of three years of back pay, the client was credited with enough pension time to fully retire without returning to work.

In the Matter of Dawn Morton Central Reception and Assignment Facility Department of Corrections,  2014 NJ CSC Lexis 374, CSC DKT., No. 2012-198 OAL DKT No. CSV  9201-11

• Successfully overturned a one hundred and eighty (180) working day suspension Client received thousands of dollars in back pay and the Union was returned thousands of dollars in attorney’s fees and costs.

In the Matter of Don Dudich, Department of Corrections, New Jersey State Prison, 2008 NJ AGEN Lexis 849, OAL DKT No. CSV 10114-07; Agency DKT. No. 2007-4473-1

• Successfully negotiated the dismissal of disciplinary charges against the client resulting in the client received thousands of dollars in back pay and benefits. Part of the negotiated settlement included promotion to the rank of Lieutenant, choice of duty station and reimbursement of thousands of dollars in attorney’s fees and costs.

In the Matter of James Gantz, Department of Corrections, 2009 NJ CSC Lexis 495, CSC Docket No. 2009-1707

• Successfully negotiated the dismissal of disciplinary charges against the client.

In the Matter of Raymond La Point, East Jersey State Prison, 2007 NJ AGEN Lexis 772, OAL DKT. No. CSV 5590-07; Agency DKT No. 2006-630

In the Matter of Rhonda Mountcastle-Thomas, Department of Corrections, 2010 NJ CC Lexis 759, CSC Docket No. 2010-1178 OAL DKT No. CSV 10416-09

Lynda Quill, Petitioner, v. Township of Lawrence, Respondent, 2003 NJ AGEN Lexis 444, AOL DKT No., CSV 6260-02; Agency DKT No. 2003-594

• Successfully overturned the termination of the employee. Client obtained a substantial award of back pay and fringe benefits as a result of the decision.

Ronald Matasovsky, Petitioner, v. Department of Corrections Training Academy, Respondent, 2003 NJ AGEN Lexis 852, AOL DKT No. PTC 2619-02; Agency DKT No. CJ01-18854-HPT

• Successfully overturned the removal of the client as a trainee from the New Jersey Department of Corrections Training Academy.

New Jersey Public Employment Pension Matters

In the Matter of Anthony DeVincenzo, 2009 NJ AGEN Lexis 939, OAL DKT No. TYPPF 12759-07

• Successfully obtained accidental disability retirement benefits for the client after he was initially denied the same by the Police and Firemen’s Retirement System (PFRS)

In the Matter of David Rodriquez, 2012 AGEN Lexis 427, OAL DKT No. TYP 6296-09

• Successfully obtained accidental disability retirement benefits for the client after he was initially denied the same by the Police and Firemen’s Retirement System (PFRS) (Psychological Case)

In the Matter of James Henderson, 2009 NJ AGEN Lexis 858, OAL DKT No. TYPPE 00961-2008S, 2010 NJ Super. Unpub. Lexis 1827

• Successfully obtained accidental disability retirement benefits for the client after he was initially denied the same by the Public Employee’s Retirement System. This was a multi-accident case where the client returned to work after the first accident for a period of time and was then re-injured. The Board initially denied benefits on the premise that the first accident constituted a pre-existing injury. The Administrative Law Judge found in the client’s favor however the Board of Trustee’s rejected the Administrative Law Judge’s decision. The case was appealed to the Superior Court of New Jersey, Appellate Division who sided with the client and reversed and remanded the matter. In the end, the client received the accidental disability benefits that he initially applied for many years earlier and was awarded thousands of dollars in back benefits that were due and owing.

In the Matter of Carl Wilson, 2013 NJ AGEN Lexis 411, OAL DKT No. TYPPE 009850-2011N

• Successfully obtained accidental disability for the client after the Board of Trustees for the Public Employment Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s Opinion was adopted in its entirety. The client was awarded thousands of dollars in back pay and benefits.

In the Matter of Mary Garcia, NJ AGEN Lexis 731, OAL DKT No. TYP 7660-10N

• Successfully obtained accidental disability for the client after the Board of Trustees for the Police and Firemen’s Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s.  Opinion was adopted in its entirety. The client was awarded thousands of dollars in back pay and benefits.

In the Matter of Donald Rinyu, Juvenile Justice Commission, 2011 NJ CSC Lexis 710, CSC Docket No. 2010-3593

• Successfully obtained accidental disability for the client after the Board of Trustees for the Police and Firemen’s Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s. Opinion was adopted in its entirety. The client was awarded thousands of dollars in back pay and benefits.

Pamela Thomas, Petitioner, v. Board of Trustees, Police and Firemen’s Retirement System, Respondent, 2010 NJ AGEN Lexis 11, OAL DKT No. TYP 06074-08S; Agency DKT No. PFRS #3-10

• Successfully obtained accidental disability for the client after the Board of Trustees for the Police and Firemen’s Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision.

William Carlo, Petitioner, v. Police and Firemen’s retirement System, Respondent, 2013 NJ AGEN Lexis 178, OAL DKT No. TYP 3517-12; Agency DKT. No. 3-10-044385

• Successfully obtained accidental disability benefits for the client after the Board of Trustees for the Police and Firemen’s Retirement System denied the same stating that the Petitioner’s application was untimely as it was filed eight (8) years after the injury. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s Opinion was rejected by the Board of Trustees. That decision was appealed to the Superior Court of New Jersey, Appellate Division and the Board of Trustee’s Decision was overturned in its entirety. The client was awarded thousands of dollars in back disability payments.

In the Matter of Anthony Bellanca, 2012 NJ AGEN Lexis 713, OAL DKT No. TYP 11402-09

• Successfully obtained accidental disability for the client after the Board of Trustees for the Police and Firemen’s Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s Opinion was adopted in its entirety. The client was awarded thousands of dollars in back benefits.

RE: John Zita, 2004 NJ AGEN Lexis 1051, AOL DKT No. TYP 2295-04; PFRS No. 3-10-30015

• Successfully obtained accidental disability for the client after the Board of Trustees for the Police and Firemen’s Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s Opinion was adopted in its entirety. The client was awarded thousands of dollars in back benefits.

Re: Lisa Soltesz, 2003 NJ AGEN Lexis 1701, OAL DKT No. TYPPE 8039-00

• In the Matter of Donald Rinyu, Juvenile Justice CommissionSuccessfully obtained accidental disability for the client after the Board of Trustees for the Police and Firemen’s Retirement System unlawfully denied the same. The Administrative Law Judge recommended that the Board reverse its decision and the Judge’s Opinion was adopted in its entirety. The client was awarded thousands of dollars in back benefits.