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FORESTA v. CONTRIBUTORY RETIREMENT APPEAL BOARD

SJC-10288

453 Mass. 669 (2009)

SAMUEL A. FORESTA, JR. v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 24, 2009.

Attorney(s) appearing for the Case

James W. Stone (Bernard J. Mulholland with him) for the plaintiff.

Walter M. Foster (Holly A. Ditchfield with him) for Massachusetts Turnpike Authority Employees' Retirement Board.

Jennifer Grace Miller, Assistant Attorney General, for Contributory Retirement Appeal Board.

The following submitted briefs for amici curiae:

Scott C. Merrill for Lynn Retirement Board.

Mary Jane McKenna, J. Michael Conley, & Deborah G. Kohl for The Massachusetts Academy of Trial Attorneys.

John M. Becker for Boston Police Patrolmen's Association & another.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

The plaintiff, a former safety inspector in the occupational safety department of the Massachusetts Turnpike Authority (MTA), appeals from a judgment of the Superior Court affirming the denial by the Contributory Retirement Appeal Board (CRAB) of his application for accidental disability retirement benefits pursuant to G. L. c. 32, § 7 (1), as amended through St. 1996, c. 306, § 14. We allowed an application for direct appellate review filed by...

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