Forgash v. Lower Camden County School

• Decision Date: 31 December 1985
• Citation: 506 A.2d 356,208 N.J.Super. 461
• Parties: , 31 Ed. Law Rep. 492 Lillian B. FORGASH, Petitioner-Respondent, v. LOWER CAMDEN COUNTY SCHOOL, Respondent-Appellant.
• Court: New Jersey Superior Court — Appellate Division

Page 461

208 N.J.Super. 461

506 A.2d 356, 31 Ed. Law Rep. 492

Lillian B. FORGASH, Petitioner-Respondent, v. LOWER CAMDEN COUNTY SCHOOL, Respondent-Appellant.

Superior Court of New Jersey,

Appellate Division.

Argued Oct. 9, 1985.

Decided Dec. 31, 1985.

Charles A. Little for respondent-appellant (Fratto, Little, Alessi & Abbott, P.A., Barrington attorneys; Charles A. Little, Barrington on the brief).

Jan R. Evans, Medford for petitioner-respondent.

Before Judges FRITZ and GAYNOR.

PER CURIAM.

The sole issue raised on this appeal is whether the doctrine of res judicata or the principle of collateral estoppel precludes petitioner, a public school teacher, from litigating the issue of temporary disability in a workers' compensation action when sick leave benefits for such disability had been denied in an administrative proceeding initiated under N.J.S.A. 18A:30-2.1. Having determined that the result of the administrative proceedings did not constitute a bar to his consideration of petitioner's claim, the judge of compensation made an award for the work-related temporary disability previously denied by the commissioner of education. We agree with the judge's determination and affirm the award.

Petitioner was employed by the Board of Education of Lower Camden County (Board) as a physical education teacher. During this employment and over the course of several years petitioner sustained various injuries of an orthopedic nature. After the last injury, following her physician's advice that her employment was aggravating her condition, she took a three- month's leave of absence commencing April 1, 1978. As there was no improvement in her condition, the leave of absence was extended four times until March 31, 1980. On June 23, 1978, petitioner had requested sick leave benefits pursuant to N.J.S.A. 18A:30-2.1. This request was denied by the Board and subsequently by the commissioner of education, who affirmed the October 9, 1981 conclusion of an administrative law judge that petitioner had failed to show that work-related activities were the direct cause of her inability to work. During the pendency of these proceedings, petitioner had filed several claim petitions with the Division of Workers' Compensation for injuries sustained during the course of her employment by the Board and received awards for partial total permanent disability. These awards are not being challenged. The award which is the subject of this appeal was for a claim which alleged that the occupational stress and strain of petitioner's job activities precipitated or aggravated a back and bilateral knee pathology.

The judge of compensation found that petitioner's exposures to the stresses, strains and trauma of her employment contributed in a material degree to the precipitation, aggravation or acceleration of her orthopedic and neurologic condition, resulting in temporary disability from March 13, 1978, the day after she last worked for the school district, until June 22, 1979, the date when her treating physician indicated that she was as far restored as the permanent character of her injuries would permit. This finding contrasted with the administrative law judge's determination that the petitioner had failed to demonstrate that her work-related injuries were the direct cause of her inability to continue employment as a physical education teacher.

Respondent argues the doctrines of collateral estoppel and res judicata both serve as a bar to the relitigation in the compensation court of petitioner's claim of temporary disability for the stated injury, asserting that the non-compensability of the alleged injury was controlled by the commissioner's decision in the administrative proceedings. It is claimed petitioner was bound by the prior determination and thus could not relitigate the same fact issue before the compensation court. Otherwise, petitioner, in effect, obtained a second bite of the apple.

Although petitioner concedes that the principles of res judicata and collateral estoppel are applicable to proceedings before administrative tribunals, she asserts that the judge of compensation correctly concluded that the prior decision by the commissioner of education did not bar the compensation proceedings as the compensability of her disability was a legal issue and a new determination was warranted to avoid an inequitable result.

Res judicata as a principle of law precludes a party from relitigating issues which were previously fairly litigated and determined finally. See Lubliner v. Paterson Bd. of Alcoholic Bev. Control, 33 N.J. 428, 435, 165 A.2d 163 (1960). The general requirements for the application of this doctrine are a final judgment by a court or tribunal of competent jurisdiction, identity of issues, parties and cause of action. Eatough v. Bd. of Medical Examiners, 191 N.J.Super. 166, 173, 465 A.2d 934 (App.Div.1983). Collateral estoppel bars relitigation of any issue or fact actually determined in a prior action, generally between the same...