New Jersey § 43:13-37

§ 43:13-37.

In the event that any such town employee entitled to the benefits of this act, 1 who having had deducted from his salary or compensation the percentage provided in

this act, shall become permanently and totally disabled as the result of injury or

illness received in the performance of his duty, he shall, upon his application to

the pension fund commission, be retired on half pay. Where, however, any such town employee shall desire to retire by reason of injury

or illness, such employee shall make application in writing to the pension fund commission

for such retirement; whereupon the pension fund commission shall call to their assistance

the aid of a regularly licensed and practicing surgeon or physician. Upon the filing of a report by such surgeon or physician that in his good judgment

and opinion that such town employee is permanently incapacitated, the pension fund

commission shall determine by resolution that the said person is entitled to the benefits

of this act. In the event that the aforesaid mentioned employee does not agree with the report

of the aforesaid mentioned surgeon and physician he may call to his assistance the

aid of a regularly licensed and practicing surgeon or physician who shall make a report

in writing to the pension fund commission giving his opinion as to whether or not

the employee is permanently incapacitated. In the event that the two surgeons or physicians so called as hereinbefore provided,

fail to agree upon the physical condition of the applicant, then the pension fund

commission may call a third and disinterested, licensed and practicing surgeon or

physician and the determination of the majority of said three surgeons and physicians,

who shall be first duly sworn, shall be reduced to writing and signed by them, and

such report shall be considered as establishing the question of the permanency of

such disability. The president of the pension fund commission is authorized to administer an oath

to said surgeons or physicians or other persons called in respect to the matter before

the commission. The pension fund commission shall have power to determine such permanent total disability

and whether or not it occurred or happened in the performance of his duties. In the event of the death of any such town employees retired under the provisions

of this section while on pension, his dependents as defined in this act shall be entitled

to receive the benefits of this act as provided in section eight hereof. 2 1

N.J.S.A. §§ 43:13-37.1 to 43:13-37.18. 2

N.J.S.A. § 43:13-37.8.