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BURKE v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 91-P-255.

34 Mass. App. Ct. 212 (1993)

609 N.E.2d 484

ANTOINETTE BURKE vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Appeals Court of Massachusetts, Middlesex.

March 12, 1993.

Attorney(s) appearing for the Case

Philip S. Nyman (Kathryn Stevens with him) for the plaintiff.

Thomas A. Hickey, III (Eric J. Pyenson with him) for Lowell Retirement Board.

Present: ARMSTRONG, FINE, & JACOBS, JJ.

ARMSTRONG, J.

The plaintiff, an applicant for accidental death benefits under G.L.c. 32, § 9(1), appeals from a judgment affirming the adverse decision of the Contributory Retirement Appeal Board (board). The plaintiff's husband, Raymond Burke, was a Lowell police officer until he retired for disability on September 29, 1978. He suffered at that time from a disabling lower back condition that was the result...

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