ERIKA HOGAN V. BOARD OF EDUCATION OF POINT PLEASANT BOROUGH, OCEAN COUNTY, 9/8/06, (#308-06)

#308-06 (OAL Decision: http://lawlibrary.rutgers.edu/oal/html/initial/edu06083-02_1.html)
ERIKA HOGAN, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF 	: 	DECISION
POINT PLEASANT BOROUGH,
OCEAN COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioner, a tenured English and foreign languages teacher formerly employed by the Board,
contends that the respondent Board’s decision to withhold her salary increment for the 2002-
2003 school year was arbitrary, capricious and unreasonable; additionally, she challenges
respondent’s failure to pay her full salary and benefits for the 2002-2003 school year without
loss of sick leave, pursuant to N.J.S.A. 18A:30-2.1, for psychiatric disability she contends arose
out of and in the course of her employment. The Board contends that its action to withhold the
increment was appropriate pursuant to N.J.S.A. 18A:29-14, as it had documented deficiencies in
petitioner’s performance over a number of years. 	Further, respondent asserts petitioner is not
entitled to the benefit of N.J.S.A. 18A:30-2.1 because her psychiatric disability arose from
merited criticism and would not be compensable under the Workers’ Compensation statutes.
The ALJ found, inter alia, that: petitioner’s subjective perception of the stresses of her work
environment was the causal trigger for her psychiatric injury; petitioner did not establish the
existence of a hostile work environment, but credible evidence established that she was under
pressure from actual stresses in her work environment resulting from criticisms and demands for
improvement in the classroom, which resulted in the withholding of her increment; petitioner’s
psychiatric disability is not compensable under the Worker’s Compensation Act and she is not
entitled to full salary and benefits without loss of sick leave for the entire 2002-2003 school year.
The ALJ affirmed the determinations of the Board, and dismissed the petition.
Upon a thorough and independent review of the record, the Commissioner concurs with the
determinations of the ALJ, and adopts the Initial Decision as the final decision in this matter.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
September 8, 2006

OAL DKT. NO. EDU 6083-02 and EDU 736-03
AGENCY DKT. NO. 238-7/02 and 25-1/03
(CONSOLIDATED)
ERIKA HOGAN, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF 	: 	DECISION
POINT PLEASANT BOROUGH,
OCEAN COUNTY, 	:
RESPONDENT. 	:
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed. The parties filed no exceptions to the Initial Decision.
Upon such review, the Commissioner agrees with the Administrative Law Judge (ALJ),
for the reasons comprehensively detailed in his decision, that petitioner has failed to sustain her burden of
establishing that the Board’s withholding of her increment for the 2002-03 school year was arbitrary,
capricious or unreasonable. The Commissioner further concurs with the ALJ, again for the reasons well
stated in his decision, that petitioner’s psychiatric disability is not compensable under the Workers’
Compensation Act and, therefore, she is not entitled to full salary and benefits without loss of sick leave
for the 2002-03 school year under N.J.S.A. 18A:30-2.1.
Accordingly, the recommended decision of the OAL is adopted and the instant
consolidated Petitions of Appeal are hereby dismissed.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: September 8, 2006
Date of Mailing: 	September 8, 2006
* This decision may be appealed to the State Board of Education pursuant to N.J.S.A. 18A:6-27 et seq. and
N.J.A.C. 6A:4-1.1 et seq.