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LEAL v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 96-P-63.

42 Mass. App. Ct. 330 (1997)

MANUEL J. LEAL v. CONTRIBUTORY RETIREMENT APPEAL BOARD.

Court of Appeals of Massachusetts, Bristol.

March 20, 1997.

Attorney(s) appearing for the Case

Brenda J. McNally for the plaintiff.

Thomas A. Hickey, III (Kristin G. McGurn with him) for the defendant.

Present: PERRETTA, KASS, & JACOBS, JJ.

KASS, J.

In State Retirement Bd. v. Contributory Retirement Appeal Bd., 12 Mass.App.Ct. 306 (1981) (we shall refer to that opinion as the Olson case),1 we held that a governmental employee who is a "member in service" at the time of an on-the-job injury may apply for accidental disability benefits under G. L. c. 32, § 7, notwithstanding that the employee had previously...

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