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O'BRIEN v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 09-P-533.

76 Mass. App. Ct. 901 (2010)

ROBERT T. O'BRIEN v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Appeals Court of Massachusetts.

February 18, 2010.

Attorney(s) appearing for the Case

Michael C. Akashian for the plaintiff.

Edward McKenna for Boston Retirement Board.

David Hadas, Assistant Attorney General, for Contributory Retirement Appeal Board.

O'Brien had been employed at all material times as a correction officer for the Suffolk County sheriff's office, when on May 6, 2001, he sustained serious disabling injuries in the course of his employment.2 He applied for accidental disability retirement benefits pursuant to G. L. c. 32, § 7, in May, 2002.

At issue is whether certain contract-based remuneration received by O'Brien — holiday pay, a fitness bonus, a uniform...

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