Laurena Staub v. Board of Trustees, Etc.

NOT FOR PUBLICATION WITHOUT THE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-0513-22

LAURENA STAUB,

Petitioner-Appellant,

v.

BOARD OF TRUSTEES,
TEACHERS' PENSION AND
ANNUITY FUND,

Respondent-Respondent.

Argued December 12, 2023 – Decided March 8, 2024

Before Judges Rose and Smith.

On appeal from the Board of Trustees of the Teachers'
Pension and Annuity Fund, Department of the
Treasury.

Arthur J. Murray argued the cause for appellant
(Alterman & Associates, LLC, attorneys; Stuart J.
Alterman, on the brief).

Jeffrey David Padgett, Deputy Attorney General,
argued the cause for respondent (Matthew J. Platkin,
Attorney General, attorney; Sookie Bae-Park, Assistant
 Attorney General, of counsel; Jeffrey David Padgett, on
the brief).

PER CURIAM

Laurena Staub, a retired school psychologist, appeals from a November 2,

2022 final decision of the Board of Trustees (Board) of the Teachers' Pension

and Annuity Fund (TPAF), denying her application for accidental disability

retirement (ADR) benefits. The Board modified certain factual findings and

rejected the legal conclusion of an administrative law judge (ALJ), who had

determined Staub was totally and permanently disabled from her employment

with the Brick Township Board of Education (BTBOE) as the direct result of an

April 30, 2013 incident. We affirm.

I.

We summarize the pertinent facts from the record before the ALJ. During

the two-day testimonial hearing, Staub testified on her own behalf and called

Gregory S. Rasin, M.D., an expert in psychology, and the Board presented the

testimony of its psychology expert, Daniel B. LoPreto, Ph.D. The parties moved

into evidence several documents, including the reports and addenda of their

experts.

Hired by the BTBOE in 2003, Staub's responsibilities included creating

Individualized Education Plans (IEP) and determining whether students

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qualified for special education services. During the month preceding the

incident, Staub, as the case manager for a middle school grade level, determined

a particular student ineligible for such services. Thereafter, Staub was contacted

"about reevaluating [her] decision."

While Staub was sitting at her desk preparing for the April 30, 2013

reevaluation meeting, one of her supervisors, Special Education Supervisor

Andrew Morgan, entered her office, "stood over [her], . . . got really close to

[her] face," and stated:

You're going to go into the meeting. This is your job,
you're going to . . . review everything; you're going to
make the student eligible for services; you're going to
do an IEP, you're going to make him eligible. This is
your job; this is what you're going to do.

Staub later testified Morgan said, "this is your life." She thought Morgan

"was going to do something bad to [her], maybe he would kill [her], [she didn't]

know." To support her inference, Staub stated Morgan "is a person [whom]

nobody ever says no to" and that he "had a criminal record," which included an

arrest for drugs. Before the incident, Staub "[n]ever had an encounter like that

with Morgan or anyone else at the Brick schools." The incident made her feel

"terrified" and "horrified."

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 Morgan "left [Staub's office] like nothing happened." Later during the

meeting, Staub did not change her ineligibility determination. "[A]t some point

[Staub] thought [Morgan] was actually going to hit [her] because he stood up

and was . . . screaming."

Thereafter, her "life was made a living hell." Staub said she received

"death threats on [her] cell phone" but was afraid to file a police report in view

of Morgan's criminal record. Staub also claimed her previously approved

accommodations following a 2008 motor vehicle accident were removed. She

also was transferred to another position, for which she was not certified, at

another school in the district. Staub continued to fear for her life. Eventually,

Staub filed a civil lawsuit against Morgan and other BTBOE employees and

settled out of court. Staub also cooperated with the Ocean County Prosecutor's

Office, which filed charges against Morgan and others around 2015, based on

information she provided.

On cross-examination, Staub stated that she did not quit her job even

though she believed Morgan asked her to do something immoral and had

threatened her life because she "was blackballed," i.e., "the word was out" that

she should not be hired. Divorced with a child to support, "quitting was not an

option."

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 In November 2015, Staub was placed on administrative leave. Following

a fitness for duty psychological examination conducted by Robert Berkowitz,

M.D., Staub returned to work in June 2016. However, she did not return for the

2016-17 school year or thereafter.

In May 2017, Staub applied for ADR benefits. Following an independent

medical examination (IME) conducted by Dr. LoPreto in September 2017, the

Board denied Staub's application pursuant to N.J.S.A. 18A:66-39. The Board

found Staub "permanently disabled from the performance of [her] regular and

assigned job duties" and "the event occurred during and as a result of [her]

regular or assigned duties." However, the Board further found "the event that

caused [her] disability was not identifiable as to time and place" and "was not

undesigned and unexpected"; and her "reported disability [wa]s not the direct

result of a traumatic event." The Board thus awarded ordinary disability

retirement benefits but denied Staub's application for ADR benefits.

Staub filed an administrative appeal and the matter was transferred to the

Office of Administrative Law as a contested case. She testified consistently

with the account summarized above.

Dr. Rasin testified that he diagnosed Staub "as suffering from major

depressive disorder, single episode moderate, and adjustment disorder with

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anxious mood to be permanent in nature." Although Dr. Rasin did not diagnose

Staub with PTSD, he agreed with Staub's treating psychologist, Robbin J. Kay,

Ph.D., that "more likely than not [Staub] suffer[ed] from [PTSD]." Dr. Rasin

opined that the April 30, 2013 incident was the "touchstone . . . event, which

started . . . Staub's disability."

By contrast, Dr. LoPreto testified Staub's disability was not attributable to

the April 13 incident. Based on his review of Staub's medical records and his

IME, Dr. LoPreto concluded "the alleged work harassment . . . began in 2013,

around the time [Staub] was asked to falsify some records . . . to get a specific

student into special education." For example, Staub told Dr. LoPreto: "It was

horrible when I returned to work in June, even worse than before. People were

talking behind my back. They were calling me a whistleblower." Dr. LoPreto

further noted, "after the event of 2013, when this whole thing began to snowball,

she was assigned to different schools"; "some of [her] accommodations were no

longer met"; "she was going through a divorce at the time"; and "her daughter

had some medical problems." Dr. LoPreto thus opined: "Staub was suffering

from a number of significant psycho-social stressors . . . that she was heroically

trying [to] cop[e] with."

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 Similar to the other treating and examining doctors, Dr. LoPreto

diagnosed Staub with "major depressive disorder, single episode moderate";

"generalized anxiety disorder"; "and adjustment disorder with mixed anxiety

and depressed mood." Noting Staub did not express to him that Morgan

"actually threatened her with physical harm," Dr. LoPreto found Staub did not

meet that criterion for PTSD.

Following written summations, the ALJ issued an initial decision,

reversing the Board's denial of ADR benefits. Crediting Staub's testimony, the

ALJ noted the Board failed to refute her testimony that Morgan threatened her

life and livelihood. Noting both doctors were "good witness[es]," the ALJ found

Dr. Rasin more credible, elaborating:

One key difference in opinion in which Rasin was
more persuasive was that Rasin testified that an
individual could be mentally disabled without having
been diagnosed with PTSD. Further, both doctors
concluded that [Staub] suffered from adjustment
disorder. Rasin stated that adjustment disorder
stemmed from an individual's subjective reaction to
exposure to stress, and could not be diagnosed without
a qualifying event. LoPreto stated that while an
adjustment disorder required a psycho-social stressor,
which could be a single incident like a relationship
breakup, it could be combination of several problems.
LoPreto found multiple causes of [Staub]'s
psychological conditions but, again, did not offer any
details on how other factors such as [Staub]'s marital

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 situation or her daughter's health served as psycho-
social stressors.

The ALJ ultimately found "the [i]ncident with Morgan was the triggering

event from which the rest of [Staub's] mental issues flowed." To support his

finding, the ALJ noted Staub "believed Morgan threatened her life and

livelihood" and "being threatened and intimidated by an administrator at work

was not part of [her] normal job duties." Addressing the governing law, the ALJ

found Staub "subjectively feared that her life or job was in danger." Further,

Dr. Rasin explained "adjustment disorder arose from a person's subjective

reaction to stress, and that a psychiatrist would not make such a diagnosis

without a qualifying event." The ALJ thus concluded Staub was entitled to ADR

benefits.

The Board disagreed, rejecting the ALJ's factual finding that the Board

failed to introduce evidence that "other matters were the primary cause of

[Staub's] psychiatric issues." Referencing the evidence before the ALJ, the

Board found "a variety of stressors . . . contributed to . . . Staub's disabling

mental conditions of major depressive disorder, anxiety disorder, and

adjustment disorder." That evidence included: the removal of Staub's post-

accident work-place accommodations; Dr. LoPreto's testimony that Staub

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"suffered 'three years of workplace harassment'"; and Staub's disclosure to Dr.

LoPreto that she was managing a divorce and her daughter's medical problems.

The Board also rejected the ALJ's legal conclusions, finding instead the

incident neither was "terrifying nor horror-inducing" within the meaning of

Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29

(2008), nor "a traumatic event" pursuant to Richardson v. Board of Trustees,

Police & Firemen's Retirement System, 192 N.J. 189 (2007). Further, the Board

was not persuaded Staub's disability was "a direct result of the 2013 incident."

Citing the Court's decision in Gerba v. Board of Trustees, Public Employees'

Retirement System, 83 N.J. 174 (1980), the Board found the ALJ's reasoning

"unsound . . . because he determined that her supervisor's 'threat' was the

'triggering event' from which 'the rest of [Staub's] issued flowed.'" The Board

elaborated:

The ALJ deemed the other incidents and harassment as
insignificant and dismissed them, yet it is clear that . . .
Staub was experiencing a series of personal, medical,
and professional issues throughout the same time
period. Thus, the ALJ was required to consider whether
she met her burden of proving that the 2013 incident
was "the essential significant or substantial
contributing cause" of her disability, or, whether the
combined incidents cumulatively caused her disability.
Gerba, 83 N.J. at 186.

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 Noting both experts diagnosed Staub with adjustment disorder and major

depressive disorder, the Board found neither condition "require[s] a 'traumatic

event' and can arise solely from an individual's subjective negative reaction to

almost any situation." Thus, Staub was required to "identify objective evidence

in the record to support her finding that the 2013 incident directly resulted in

her disability." Citing the "multiple incidents and stressors" contained in the

record, the Board was not convinced Staub satisfied her burden.

On appeal, Staub raises three overlapping arguments, essentially

contending the Board improperly modified the ALJ's credibility findings and

erroneously represented his factual findings. She further contends the Board

"overstepped its inherent authority" by rejecting the ALJ's legal conclusions.

II.

Our role in reviewing the final decision of an administrative agency is

limited. Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14, 27

(2011). We defer "to an administrative agency's exercise of its statutorily

delegated responsibilities." Lavezzi v. State, 219 N.J. 163, 171 (2014). We

"should not disturb an administrative agency's determinations or findings unless

there is a clear showing that (1) the agency did not follow the law; (2) the

decision was arbitrary, capricious, or unreasonable; or (3) the decision was not

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supported by substantial evidence." In re Virtua-West Jersey Hosp. Voorhees

for a Certificate of Need, 194 N.J. 413, 422 (2008). "The burden of

demonstrating that the agency's action was arbitrary, capricious or unreasonable

rests upon the [party] challenging the administrative action." In re Arenas, 385

N.J. Super. 440, 443-44 (App. Div. 2006).

"[T]he test is not whether an appellate court would come to the same

conclusion if the original determination was its to make, but rather whether the

factfinder could reasonably so conclude upon the proofs." Brady v. Bd. of Rev.,

152 N.J. 197, 210 (1997) (quoting Charatan v. Bd. of Rev., 200 N.J. Super. 74,

79 (App. Div. 1985)). "Where . . . the determination is founded upon sufficient

credible evidence seen from the totality of the record and on that record findings

have been made and conclusions reached involving agency expertise, the agency

decision should be sustained." Gerba, 83 N.J. at 189. That said, appellate courts

review de novo "an agency's interpretation of a statute or case law." Russo, 206

N.J. at 27.

An agency is empowered to reject and modify an ALJ's initial decision,

but its authority to do so is not boundless. When an agency rejects an ALJ's

decision, regulations require the agency to clearly state the basis for its rejection

and cite specific evidence supporting the agency's final decision and

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interpretation of the law. N.J.A.C. 1:1-18.6(b). The Board's discretion includes

the authority to adopt, reject, or modify the ALJ's findings of credibility of

expert witnesses. In re Adoption of Amends. to Ne., Upper Raritan, Sussex

Cnty., 435 N.J. Super. 571, 584 (App. Div. 2014) (citing ZRB, LLC v. N.J. Dep't

of Env't Prot., 403 N.J. Super. 531, 561 (App. Div. 2008)). However, "[t]he

agency head may not reject or modify any findings of fact as to issues of

credibility of lay witness testimony unless it is first determined from a review

of the record that the findings are arbitrary, capricious or unreasonable or are

not supported by sufficient, competent, and credible evidence in the record."

N.J.S.A. 52:14B-10(c).

The TPAF provides for both ordinary, N.J.S.A. 18A:66-39(b), and

accidental, N.J.S.A. 18A:66-39(c), disability benefits. "[An ADR] entitles a

member to receive a higher level of benefits than those provided under an

ordinary disability retirement." Patterson, 194 N.J. at 43. In Richardson, our

Supreme Court held that an individual seeking ADR benefits through a

government retirement system must establish:

1. that [the member] is permanently and totally
disabled;

2. as a direct result of a traumatic event that is

a. identifiable as to time and place,
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 b. undesigned and unexpected, and

c. caused by a circumstance external to the
member (not the result of pre-existing
disease that is aggravated or accelerated by
the work);

3. that the traumatic event occurred during and as a
result of the member's regular or assigned duties;

4. that the disability was not the result of the member's
willful negligence; and

5. that the member is mentally or physically
incapacitated from performing his [or her] usual or any
other duty.

[192 N.J. at 212-13.]

The Court defined a "traumatic event" as "essentially the same as what we

historically understood an accident to be—an unexpected external happening

that directly causes injury and is not the result of pre-existing disease alone or

in combination with work effort." Id. at 212.

The following year, in Patterson, the Court clarified that a member who

has suffered a "permanent mental disability as a result of a mental stressor,

without any physical impact," must meet an additional requirement to qualify

for ADR benefits. 194 N.J. at 33. The Court held:

The disability must result from direct personal
experience of a terrifying or horror-inducing event that
involves actual or threatened death or serious injury, or

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 a similarly serious threat to the physical integrity of the
member or another person. By that addition, we
achieve the important assurance that the traumatic
event posited as the basis for an [ADR] pension is not
inconsequential but is objectively capable of causing a
reasonable person in similar circumstances to suffer a
disabling mental injury.

[Id. at 34.]

The Court cited examples of members able to "vault the traumatic event

threshold" predicated on a mental disability due entirely to mental stressors,

including "a permanently mentally disabled policeman who sees his partner

shot; a teacher who is held hostage by a student; and a government lawyer used

as a shield by a defendant." Id. at 50. However, the Court concluded the

petitioner police officer, who claimed his sergeant verbally abused him in the

presence of other officers, id. at 34-35, failed to meet his burden, id. at 51. The

Court elaborated:

Although the conduct of his superiors was cruel, it
simply did not involve actual or threatened death or
serious injury to Patterson's physical integrity and thus
failed to vault the traumatic event threshold. It may be
that Patterson could have maintained a different cause
of action against his employers, but accidental
disability was not the proper vehicle for redress.

[Ibid.]

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 Conversely, in a companion case, the Court concluded the petitioner could

satisfy entitlement to ADR benefits where "his disability was a direct result of

the threats against his wife and daughter . . . by a presumed gang member who

knew where [the petitioner] lived and worked." Id. at 53. The Court thus

remanded the petitioner's matter for further consideration. Ibid.

Thereafter, the Court summarized a two-part analysis in cases of

permanent mental incapacity resulting from "an exclusively psychological

trauma." Mount v. Bd. of Trs., Police & Firemen's Ret. Sys., 233 N.J. 402, 426

(2018). Specifically,

The [Board or reviewing] court first determines
whether the member directly experienced a "terrifying
or horror-inducing event that involves actual or
threatened death or serious injury, or a similarly serious
threat to the physical integrity of the member or another
person." If the event meets the Patterson test, the
[Board or reviewing] court then applies the Richardson
factors to the member's application.

[Ibid. (quoting Patterson, 194 N.J. at 50).]

Against these governing principles, we conclude the "credible evidence

on the record as a whole," R. 2:11-3(e)(1)(D), supports the Board's decision

rejecting the ALJ's legal determination that Staub experienced a traumatic event

pursuant to Patterson's threshold requirement. The Board considered Staub's

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claim that Morgan demanded she change the student's eligibility for IEP services

and that she felt threated by Morgan's accompanying statement, "This is your

life at stake, this is your livelihood at stake." However, the Board deemed the

statement "vague" and found it failed to "rise to the level of a terrifying or

horror-inducing event within the context of Patterson."

As to Staub's resultant mental injury, we agree with the Board that the

incident does not become "traumatic" based on Staub's "subjective[] fear that

her life or her job was in danger," as the ALJ found. Rather, as the Board

correctly stated, the Patterson standard is objective, not subjective. 194 N.J. at

49-50 (holding "the traumatic event [must] be objectively capable of causing a

permanent, disabling mental injury"). Because Staub did not meet the Patterson

standard, we need not address whether her claim satisfied the Richardson test.

To the extent we have not addressed a particular argument, it is because

either our disposition makes it unnecessary, or the argument was without

sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

We simply add the Board did not alter the ALJ's credibility findings. Instead,

the Board's decision was based on its accurate interpretation of the applicable

legal principles.

Affirmed.

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