FACELLA v. CITY OF NEWTON

No. 06-P-1295.

69 Mass. App. Ct. 459 (2007)

MIA FACELLA v. CITY OF NEWTON.

Appeals Court of Massachusetts, Suffolk.

June 27, 2007.


Attorney(s) appearing for the Case

Donnalyn B. Lynch Kahn, Assistant City Solicitor, for the defendant.

John P. Roache for the plaintiff.

Present: KANTROWITZ, TRAINOR, & GRAINGER, JJ.


KANTROWITZ, J.

The specific question raised in this appeal is whether a civil service disability retiree, separated from her position for more than five years, may be reinstated to her previous position after resuming some of her former duties, but prior to completing a statutorily required retraining program pursuant to G. L. c. 31, § 39. We hold that such individuals may be temporarily conditionally reinstated, subject to the successful completion of a retraining...

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