CP# 2007-27988 (2011). THOMAS PAGLIONE Petitioner, vs. PALISADES PARK BOARD OF EDUCATION Respondent.

• Court: New Jersey

New Jersey Workers Compensation 2012. CP# 2007-27988 (2011). THOMAS PAGLIONE Petitioner, vs. PALISADES PARK BOARD OF EDUCATION Respondent CP#2007-27988 THOMAS PAGLIONE Petitioner, vs. PALISADES PARK BOARD OF EDUCATIONNEW JERSEY DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION HACKENSACK, BERGEN COUNTY DISTRICTTHOMAS PAGLIONE Petitioner, vs. PALISADES PARK BOARD OF EDUCATION Respondent.CLAIM PETITION NO. 2007-27988STENOGRAPHIC TRANSCRIPT OFDecision JANUARY 13, 2012BEFORE: THE HONORABLE DIANA FERRIERO SUPERVISING JUDGE OF COMPENSATIONAPPEARANCES: CARUSO, SMITH, EDELL and PICINI, ESQS., By: (No Appearance) ESQ. 60 Route 46 East Fairfield, NJ 07004 Attorneys for the Petitioner. JOHN L. SCHETTINO, ESQ., 800 Main Street Suite 101 Hackensack, NJ 07601 Attorneys for the Respondent.Reported by: Gloria Sanabria, Certified Court Reporter JERSEYSHORE REPORTING, LLC I N D E X WITNESS DIRECT CROSS N O N E O F F E R E D E X H I B I T S NO.DESCRIPTIONIDEV N O N E O F F E R E D THE JUDGE: We are here today on the matter of Paglione v. Palisades Park Board of Education 07-27988. Petitioner's counsel wrote to me yesterday and said he was ill and asked that the matter be carried an additional cycle. I advised him that I was going to proceed with putting my decision on the record as it's been marked as a reserved for sometime, due to matters pertaining solely to me, and he didn't make an objection to that. Mr. Schettino, just enter your appearance. MR. SCHETTINO: Good morning, your Honor. John Schettino, on behalf of the Respondent, the Palisades Park Board of Education. THE JUDGE: Okay. This is the Court's decision in the matter of Thomas Paglione v. Palisades Park Board of Education Claim Petition 2007-27988. Respondent has stipulated to the following: On September 12th, 2007, Respondent employed Petitioner as the Varsity football coach. Petitioner received stipend of approximately $7,000. Petitioner was not a salaried employee. On September 12th, 2007, Petitioner and Jonathan Cuellar, C-U-E-L-L-A-R, then a 17-year-old student and member of the Varsity football team, had an altercation, in which both Petitioner and Cuellar were injured. Respondent did not pay temporary disability benefits or any medical bills because Respondent asserts the altercation is not compensable. Accordingly, the parties agreed to a bifurcated trial on the issue of compensability. It is the Court's decision that Petitioner's injuries did not arise out of or in the course of his employment. It also is the Court's opinion that...