Hunt v. Contributory Retirement Appeal Bd.
| Decision Date | 03 June 1955 |
| Citation | 332 Mass. 625,127 N.E.2d 171 |
| Parties | Joseph J. HUNT v. CONTRIBUTORY RETIREMENT APPEAL BOARD. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Paul A. M. Hunt, Boston, for petitioner.
Fred W. Fisher, Asst. Atty. Gen., for respondent.
Before QUA, C. J., and RONAN, SPALDING, WILLIAMS and COUNIHAN, JJ.
This is a petition for certiorari.
The petitioner applied to the Milton retirement board (hereinafter called the local board) for an accidental disability retirement allowance under G.L. (Ter.Ed.) c. 32, § 7, as appearing in St.1945, c. 658, § 1. The local board denied his application and he appealed to the contributory retirement appeal board under G.L. (Ter.Ed.) c. 32, § 16(4), as appearing in St.1945, c. 658, § 1. That board (hereinafter called the appeal board) affirmed the decision of the local board. The petitioner then brought this petition for certiorari upon which judgment was entered dismissing his petition. The petitioner appealed. G.L.(Ter.Ed.) c. 213, § 1D, inserted by St.1943, c. 374, § 4. The case was heard on the petition and the return.
The petitioner, since September 9, 1944, has been employed as a meter reader in the water department of the town of Milton, and is a member of the town's contributory retirement system. On July 14, 1949, according to the evidence, while leaving a house after reading a water meter, he turned his left ankle and fell against the banister of the back porch, sustaining injuries to his left arm and thigh. A report of this injury was filed on July 22, 1949. Based on effects alleged to have resulted from this accident the petitioner filed an application for retirement with the local board on April 7, 1953.
As provided in c. 32, §§ 6 and 7, the petitioner was examined by a medical panel of three physicians, one of whom was his family physician. The panel certified to the local board that the petitioner was suffering from a 'calcified subdeltoid bursitis of left shoulder and cervical radiculitis'; that he was 'partially physically incapacitated for further duty in his present position'; that such disability was likely to be permanent; and that this disability was 'the natural and proximate result of the accident or hazard undergone on account of which the retirement is claimed.'
Thereafter, at a meeting of the local board, held on May 29, 1953, the petitioner's application was considered. Upon the evidence presented, including the certificate of the medical panel, it was voted unanimously that the petitioner's application be denied.
Accidental disability retirement allowance is governed by c. 32, § 7,...
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...incapacity, and action by the local board is conditioned on a 'certification of such incapacity.' Hunt v. Contributory Retirement Appeal Bd., 332 Mass. 625, 627, 127 N.E.2d 171, 172. Mathewson v. Contributory Retirement Appeal Bd., 335 Mass. 610, 613-614, 141 N.E.2d 522. But, as the Mathews......
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