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Retirement – Police detail
Where a police officer has filed an appeal challenging the Andover Retirement Board’s decision not to include pay that he earned for police detail work toward the $5,000 compensation threshold for the purchase of creditable service, the board’s decision must be reversed based on the unmodified word “compensation” in Section 4(1)(o) of Chapter 32 rather than “regular compensation” as us[...]
Licenses and permits – Day care – Spouse
Where the Department of Early Education and Care (EEC) revoked a petitioner’s day care license because it found her husband to be an unsuitable household member, the revocation should not be upheld, as the petitioner has presented clear and convincing evidence that her husband is suitable to be a household member.
Licenses and permits – Paramedic
Where the Department of Public Health issued a notice of agency action proposing to revoke a respondent’s paramedic license, the department has proven only some of the allegations against the respondent, but that is enough to warrant a sanction.
Retirement – Accidental disability
Where a respondent retirement board denied a petitioner’s application for accidental disability retirement without sending him to be examined by a medical panel, that was error, as there was sufficient prima facie evidence to establish the existence of a job-related injury claim that should be sent for medical panel review.
Retirement – Accidental disability
Where the Boston Retirement Board denied an application for accidental disability retirement filed by a petitioner who suffered PTSD after confronting three men who had just shot and killed a store employee and who later testified at the grand jury and at trial, the petitioner’s application for accidental disability retirement should have been sent to a medical panel, as she presented sufficient[...]
Retirement – Purchase of contract service
Where the State Board of Retirement denied a petitioner’s application to purchase contract service, the board’s decision must be reversed because the petitioner is entitled to purchase the service from Aug. 4, 2002, to Jan. 1, 2005, for which she was compensated by two third-party vendors.
Retirement – Suspension – Service credit
Where the State Board of Retirement denied a petitioner service credit for a two-year period when he was suspended without pay, the board’s decision must be reversed because the petitioner is entitled to service credit for the period of his unpaid suspension for which he received back pay and made the appropriate retirement contributions.
Retirement – Purchase of contract service
Where the State Board of Retirement denied a petitioner’s request to purchase contract service, that decision should be upheld because the petitioner’s prior work as an instructor for the Middlesex Sheriff’s Office was not substantially similar to her work for the Department of Developmental Services.
Retirement – Credit – Leave of absence
Where a teacher went from working full-time to working part-time from 2002 to 2009 in order to take care of her children, she is not entitled to credit for unpaid leave.
Appeals – Mootness
Where the Department of Public Health made a proposed finding charging a petitioner with failing to ensure that a nursing home resident was treated in a dignified and respectful manner, the petitioner’s appeal must be dismissed as moot since the department withdrew its proposed finding.
Retirement – Teacher – Purchase of service
Where the Massachusetts Teachers’ Retirement System denied a petitioner’s application to purchase creditable service, that decision should be affirmed because the positions for which the petitioner seeks to purchase creditable service were not full-time.
Retirement – Group 2
Where a petitioner applied for Group 2 classification, the denial of the application should be upheld because the petitioner did not spend more than 50 percent of his time caring for, having custody of or instructing people who were mentally ill.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
