N.J. Admin. Code § 17:4-6.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:4-6.5 - Willful negligence

(a) Willful negligence is defined as follows:

1. Deliberate act or deliberate failure to act; or

2. Such conduct as evidences reckless indifference to safety; or

3. Intoxication, operating as the proximate cause of injury.

CASE NOTES

Initial Decision (2008 N.J. AGEN LEXIS 341) adopted, which concluded that a police officer's failure to properly utilize both straps on his 120-pound backpack was ordinary negligence rather than willful negligence; however, the injury that resulted from this failure was reasonably foreseeable and not caused by a traumatic event, and thus the officer was ineligible for accidental disability retirement benefits. In re Doran, OAL Dkt. No. TYP 11562-07, 2008 N.J. AGEN LEXIS 692, Final Decision (May 13, 2008).

N.J. Admin. Code § 17:4-6.5