VEST v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 95-P-289.

41 Mass. App. Ct. 191 (1996)

GEORGE VEST v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Court of Appeals of Massachusetts, Suffolk.

August 22, 1996.


Attorney(s) appearing for the Case

Paul T. Hynes for the plaintiff.

Nicholas Poser for Boston Retirement Board.

Present: KASS, SMITH, & FLANNERY, JJ.


KASS, J.

This much is common ground: if Vest had become totally incapacitated from performing the work of a police detective prior to the termination of his employment with the Boston police department, and that incapacity were causally connected to the performance of his duties, then he could receive accidental disability retirement benefits under G. L. c. 32, § 7(1), even though by the time he applied for those benefits he was no longer in the employ of the...

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