FAIRBAIRN v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 99-P-315.

54 Mass. App. Ct. 353 (2002)

GREGORY FAIRBAIRN v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Court of Appeals of Massachusetts, Suffolk.

April 1, 2002.


Attorney(s) appearing for the Case

Avram G. Hammer (John W. Costello with him) for the plaintiff.

John R. Hitt, Assistant Attorney General, for the defendant.

Present: ARMSTRONG, C.J., PERRETTA, & BECK, JJ.


BECK, J.

Gregory Fairbairn (employee), a diesel power plant operator at the Massachusetts Water Resources Authority (MWRA), appeals from the denial of his application for accidental disability retirement. On January 7, 1993, while performing the duties of his job, a wooden staircase collapsed beneath him, causing him to fall six feet. He twisted his right knee when he landed on a cement foundation. The employee, who was thirty-six years old at the time of the accident...

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