PATRICIA SANTANGELO v. STATE OF NEW JERSEY TEACHERS PENSION AND ANNUITY FUND

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

PATRICIA SANTANGELO,

Petitioner-Appellant,

v.

STATE OF NEW JERSEY TEACHERS'

PENSION AND ANNUITY FUND,

Respondent-Respondent.

____________________________________________________________

June 9, 2014

Submitted March 18, 2014 Decided

Before Judges Hayden and Rothstadt.

On appeal from the Division of Pensions, Teachers' Pension and Annuity Fund, Docket No. 01423-2011S.

Bergman & Barrett, attorneys for appellant (Michael T. Barrett, of counsel and on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Thomas R. Hower, Deputy Attorney General, on the brief).

PER CURIAM

Petitioner Patricia Santangelo appeals from the December 7, 2012 final determination of the Board of Trustees, Teachers' Pension and Annuity Fund (the Board), denying her application for ordinary disability retirement benefits. The Board determined that Santangelo did not establish that she was permanently unable to perform her regular duties as a teacher. For the reasons that follow, we affirm.

The record reflects that Santangelo had twenty-four years of pension service credit as a school teacher. She began teaching in 1986 for the Vineland school district, where she remained until 2005. Thereafter, she spent a year teaching in Millville, two years in Winslow Township, and two years at Camden County Technical School (CCTS) where she taught chemistry. Santangelo was not tenured, and the school did not renew her contract for the 2010-2011 school year.1 Her last day at CCTS was June 30, 2010.

During the course of Santangelo's teaching career, she was diagnosed with a myriad of medical issues ranging from digestive anomalies to autoimmune disorders to mental health issues. She was diagnosed with endometriosis in 1987; irritable bowel syndrome (IBS) in 1995; celiac disease in 1996; hypothyroidism in 1997; post-traumatic stress disorder (PTSD) and generalized anxiety disorder in 2005;2 asthma in 2007; hypertension in 2008; diverticulitis, gastro-esophageal reflux disease (GERD), and an ulcer in 2010; and, at some point, diabetes and depression. Over time, some of Santangelo's medical conditions diminished or resolved themselves and many others, such as her asthma and celiac disease, were largely well controlled by diet and medication, with occasional flare-ups.

Santangelo's health worsened after she stopped teaching at CCTS. She was diagnosed with Hashimoto's thyroiditis, requiring the removal of a large part of her thyroid in September 2011. She had a complete hysterectomy in June 2012. Santangelo was later diagnosed with an unspecified type of cancer, for which she began treatment over the course of her administrative hearing, and thereafter continued to undergo chemotherapy and radiation treatment.

In May 2010, Santangelo filed an application for ordinary disability retirement benefits. On October 8, 2010, the Board denied her application, finding that she was "not totally and permanently disabled from the performance of regular and assigned duties as detailed by N.J.S.A. 18A:66-39 and relevant case law." On October 29, 2010, Santangelo filed an administrative appeal of the Board's denial, and the matter was referred to the Office of Administrative Law (OAL) on January 21, 2011.3

An administrative law judge (ALJ) held hearings on three nonconsecutive days from May through July 2012. Santangelo testified, describing her daily activities at work, the seventeen different medications she took, and the interplay of her anxiety and gastrointestinal disorders, which worsened her symptoms. She stated that she could no longer teach because she lacked the physical and mental capacity to endure long periods of classroom instruction, could not lift the laboratory equipment, could no longer commute, and the combination of her gastrointestinal and anxiety conditions significantly limited her ability to concentrate and perform the tasks necessary for teaching. She acknowledged that most of her ailments were well controlled with diet and medication and that her issues were intermittent.

Santangelo's overriding concern was the possibility of losing control of her bowels while teaching. Her classroom at CCTS was located some distance from the nearest restroom, making it difficult for her to utilize the facilities as necessary, which in turn increased her anxiety. However, she never requested an accommodation to ease these problems at CCTS. Santangelo also claimed that lifting heavy laboratory equipment aggravated her intestinal issues.

Leon Waller, D.O., an expert in internal medicine who evaluated Santangelo on December 5, 2011, testified on her behalf. Dr. Waller testified that, after considering Santangelo's duties as a chemistry teacher and the sum total of all her medical conditions, she was "100 percent disabled." Specifically, Dr. Waller stated that Santangelo would be unable to remain "in front of a classroom for forty-five minutes without being disrupted by going to the bathroom[.]" The doctor also discussed Santangelo's pulmonary issues, which had since been controlled with medication. He concluded that the total picture of Santangelo's disorders, especially the interplay of those disorders with each other and with the medications she needed, rendered her unable to work.

In addition, Santangelo submitted the certifications of family physician Michelle Kane, D.O., gastroenterologist Robert M. Coben, M.D., and psychologist Howard Hammer, Psy.D., who all opined that Santangelo was unable to work due to the combination of her various conditions. Specifically, Dr. Kane reported that the stress of Santangelo's position, combined with her underlying anxiety, "could worsen her many gastrointestinal issues." Dr. Coben opined that the stress caused by Santangelo's employment "exacerbated her conditions of abdominal cramps and severe diarrhea," thereby "requiring the use of a restroom on a frequent basis" and thus interfering with her job performance. Dr. Hammer asserted that Santangelo was psychologically able to teach, but "the stress associated with the job [was] likely to negatively impact . . . her medical conditions."

The Board presented the testimony of Jeffrey Retig, M.D., an expert in internal medicine and gastroenterology, who evaluated Santangelo on March 29, 2012. Dr. Retig concluded that Santangelo was not totally and permanently disabled; rather, she had numerous conditions that were well controlled or could be well controlled with the proper medication, diet, and mental health consultation. Dr. Retig suggested that Santangelo may have actually been over-medicated. The doctor found significant to his determination that Santangelo was able to teach for twenty-four years while she had many of these conditions.

Regis F. Acosta, M.D., an expert in psychiatry, also testified for the Board after evaluating Santangelo on July 9, 2010. Dr. Acosta administered several standardized diagnostic tests to Santangelo. Dr. Acosta found that Santangelo suffered from generalized anxiety disorder, not PTSD or depression, and that she was not totally and permanently disabled from this disorder. The doctor described Santangelo's disorder as very common and very easy to treat. He opined that consultation with a psychiatrist who could modify her medication would likely improve her mental health.

The ALJ issued his initial decision affirming the Board's determination and denying Santangelo's appeal on November 8, 2012. In rendering his decision, the ALJ "found the testimony of Dr. Retig and Dr. Acosta competent, reliable and persuasive." The ALJ relied on Dr. Retig's testimony that Santangelo's medical complaints were "generally not life threatening or fully debilitating, and [were] very treatable," which Santangelo herself partially corroborated. The ALJ also noted that Santangelo's "gastrointestinal conditions and anxiety cross-trigger[ed] each other, making each worse at times. But [Santangelo] remain[ed] high functioning and stable with no history of psychiatric hospitalization or psychiatric treatment," which bolstered Dr. Acosta's opinion.

The ALJ also determined that "[t]he opinions offered by Dr. Waller, while credible, were granted less weight," as they "were limited to the field of internal medicine." The ALJ observed that Dr. Waller focused on Santangelo's respiratory problems, but "her chief complaints were gastrointestinal and mental health related," making "her former respiratory diagnosis" immaterial, workplace specific, and since well controlled.

The ALJ pointed out that Santangelo worked for twenty-four years, while managing many of her ailments, and only sought disability retirement after her contract was not renewed in order "to replace her income." Relying on Drs. Retig and Acosta, the ALJ found "that most of [Santangelo's] conditions were well controlled, situational, and not debilitating." The ALJ determined that Santangelo "simply need[ed] some limited accommodations," but "nothing in [the] record confirm[ed] that [Santangelo] was actually denied an accommodation, or was non-renewed because of absenteeism related to anxiety or irritable bowel." The ALJ recognized that Santangelo's conditions were subject to flare-ups that might impact her ability to teach; however, he found that "the impact [was] not sufficiently debilitating to deem [her] permanently and totally disabled."

On December 7, 2012, the Board issued its final determination adopting the opinion of the ALJ and denying Santangelo's request for ordinary disability retirement benefits. This appeal followed.

We begin with a review of the well-established legal principles that guide our analysis. Under the Teachers' Pension and Annuity Fund Law (TPAF), N.J.S.A. 18A:66-1 to -93, an education professional upon becoming permanently incapacitated can receive retirement benefits of either ordinary disability or accidental disability. Kasper v. Bd. of Trs. of Teachers' Pension & Annuity Fund, 164 N.J. 564, 573 (2000) (citing N.J.S.A. 18A:66-39(b), (c)). A teacher who is a member of the retirement system may receive ordinary disability when he or she "is 'physically or mentally incapacitated for the performance of duty and should be retired.'" Ibid. (quoting N.J.S.A. 18A:66-39(b)). "The applicant for ordinary disability retirement benefits has the burden to prove that he or she has a disabling condition and must produce expert evidence to sustain this burden." Bueno v. Bd. of Trs., Teachers' Pension & Annuity Fund, 404 N.J. Super. 119, 126 (App. Div. 2008), certif. denied, 199 N.J. 540 (2009).

Our review of an agency's decision is limited. In re Stallworth, 208 N.J. 182, 194 (2011); Messick v. Bd. of Review, 420 N.J. Super. 321, 324 (App. Div. 2011). Agency decisions are given a strong presumption of reasonableness, and we will generally not reverse such a decision unless it was arbitrary, capricious, or unreasonable, or not supported by evidence in the record. Thurber v. City of Burlington, 387 N.J. Super. 279, 301-02 (App. Div. 2006), aff'd, 191 N.J. 487 (2007). Nevertheless, if our review of the record shows that the agency's finding is clearly mistaken, the decision is not entitled to judicial deference. SeeH.K. v. Dep't of Human Servs., 184 N.J.367, 386 (2005); L.M. v. State, Div. of Med. Assist. & Health Servs., 140 N.J.480, 490 (1995).

The burden of proof in this regard rests upon the party challenging the agency's determination. McGowan v. N.J. State Parole Bd., 347 N.J. Super. 544, 563 (App. Div. 2002) (citing Barone v. Dep't of Human Servs., Div. of Med. Assistance & Health Servs., 210 N.J. Super. 276, 285 (App. Div. 1986), aff'd, 107 N.J. 355 (1987)). An administrative board has the authority "to adopt, reject or modify the recommended report and decision of the ALJ, and an appellate court is only entitled to review those findings and recommendations in its overview of the record for the purpose of determining whether or not the Board's findings are supported by substantial credible evidence." N.J. Dep't of Pub. Advocate v. N.J. Bd. of Pub. Utils. & Hackensack Water Co., 189 N.J. Super. 491, 507 (App. Div. 1983) (internal citation omitted) (citing In re Suspension or Revocation of License of Silberman, 169 N.J. Super. 243, 255-56 (App. Div. 1979), aff'd, 84 N.J. 303 (1980)).

Applying our highly deferential standard of review, we conclude that there is substantial credible evidence in the record to support the ALJ's findings, as adopted by the Board, that Santangelo failed to show entitlement to ordinary disability benefits. The ALJ appropriately considered the credibility of the experts presented and determined that the opinions of Drs. Retig and Acosta were more reliable and fully supported by the record. These experts concluded that Santangelo undoubtedly suffered from numerous conditions, but, even combined, they did not render her incapable of performing her responsibilities as a teacher. Indeed, the record reveals that Santangelo was able to perform her requisite duties for many years while contending with her numerous ailments.

We must reject Santangelo's contention that the ALJ failed to take the totality of her circumstances into account. Our review of the record reveals that the ALJ fully considered all of Santangelo's conditions, but found that, both individually and in the aggregate, her conditions did not create a total and permanent disability. We must give appropriate deference to the ALJ's and the Board's findings where, as here, those findings are based on sufficient credible evidence in the record. See Thurber, supra, 387 N.J. Super. at 301-02.

Affirmed.

1 CCTS did not give Santangelo a reason why she was not renewed.

2 Santangelo's PTSD and anxiety disorder developed while she was still teaching in Vineland after she witnessed a student violently attack a classmate before attacking and injuring Santangelo.

3 In March 2011, the Social Security Administration granted Santangelo's disability claim. Then, she received a letter dated May 5, 2011, from the Board stating that it reconsidered and granted her application. Within two weeks the Board rescinded the approval, stating that it had been erroneous.