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BOWER v. CONTRIBUTORY RETIREMENT APPEAL BOARD

393 Mass. 427 (1984)

471 N.E.2d 1296

HORACE J. BOWER vs. CONTRIBUTORY RETIREMENT APPEAL BOARD.

Supreme Judicial Court of Massachusetts, Norfolk.

December 6, 1984.

Attorney(s) appearing for the Case

Vincent L. DiCianni, Assistant Attorney General, for the defendant.

Dennis R. Brown for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

Horace Bower was a fire fighter for the town of Wellesley for thirty years. Because of a heart condition, his application for accidental disability retirement was approved by the Wellesley retirement board (board), and he retired on September 11, 1979. However, his retirement allowance was calculated without including night shift differential pay. He appealed to the Contributory Retirement Appeal Board (CRAB), which affirmed the decision of the board. Pursuant...

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