UPDATE: A former Tenafly police officer, Joseph Grieco, has just won a significant pension appeal, confirming that his retirement disability due to long COVID will now be classified as accidental. This ruling comes despite Grieco currently serving an 11-year prison sentence for the fatal shooting of his husband, John Kelly, in July 2023.
The New Jersey appeals court ruled on December 1, 2023, that Grieco’s complications from COVID-19, contracted while responding to a medical call in February 2020, qualify him for an increased pension payout. This ruling is urgent as it could impact future cases for first responders facing similar health challenges. Grieco’s attorney, Christopher Gray, emphasized that this decision establishes important legal precedent for others suffering from work-related medical issues.
Grieco’s troubles began when he was dispatched to a nursing home where he was exposed to a coughing patient without a mask. Shortly after, he reported severe migraines and chest pains, leading to a long COVID diagnosis. In 2022, he applied for a disability pension, but the pension board initially categorized his condition as ordinary disability, offering him only 40% of his final salary instead of the 66 2/3% that comes with an accidental disability designation.
After challenging this decision, the case went to an administrative law court, where the judge criticized the pension board’s reasoning, noting their conclusion did not align with medical opinions from two state doctors. The board’s claim that Grieco’s illness was not tied to a specific traumatic event was deemed flawed, as the judges acknowledged the widespread impact of COVID-19 in New Jersey even before official health emergencies were declared.
In a crucial statement, the appeals judges remarked, “We need not turn a blind eye to the undisputed fact that COVID-19 was already spreading throughout our state and country prior to implementation of emergency measures.” The ruling grants Grieco retroactive benefits from his retirement date of September 1, 2022, until his payments were suspended following his criminal conviction.
This development raises critical questions about how first responders’ health risks are assessed, especially during unprecedented public health crises. As Grieco serves his sentence at the Mid-State Correctional Facility, he remains eligible for parole in May 2034. The implications of this ruling could resonate beyond his individual case, potentially benefiting other public servants facing similar health challenges linked to their duties.
As the pension board grapples with this decision, the case underscores the complex intersection of public service, health, and justice. Grieco’s situation highlights the urgent need for clarity and compassion in evaluating disability claims for those who risk their lives on the front lines.
Stay tuned for further updates on this developing story as it unfolds.
