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DUIGNAN v. BD. OF TRUSTEES, PUBLIC EMP. RETIRE. SYS.

223 N.J. Super. 208 (1988)

538 A.2d 432

WILLIAM DUIGNAN, PETITIONER-APPELLANT, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1988.

Attorney(s) appearing for the Case

Alfred G. Osterweil argued the cause for appellant (Alfred G. Osterweil, on the brief).

Patrice M. Connell, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Patrice M. Connell, on the brief).

Before Judges PETRELLA, DREIER and ASHBEY.

The opinion of the court was delivered by DREIER, J.A.D.

Petitioner appeals from the denial of his accidental retirement benefits claim by respondent, Board of Trustees of the New Jersey Public Employees' Retirement System (Board). This is the second time this case is before us. As we noted in our earlier unpublished opinion, petitioner suffered an on-the-job injury five months and five days short of his 65th birthday, but did not file an application for accidental...

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