FENDER v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 07-P-621.

72 Mass. App. Ct. 755 (2008)

WALTER FENDER v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Appeals Court of Massachusetts, Suffolk.

October 3, 2008.


Attorney(s) appearing for the Case

Vincent A. Murray, Jr. (Scott D. Ford with him) for the plaintiff.

Michael Sacco for the defendants.

Present: PERRETTA, LENK, & SIKORA, JJ.


LENK, J.

Walter Fender was employed by the town of Marshfield in its department of public works (DPW or department) for approximately eight years. Following a difficult and stressful nine-month tenure as the department's superintendent, Fender attempted suicide, was diagnosed with a major depressive disorder, and was unable thereafter to return to work. The Plymouth County retirement board rejected his application for accidental disability retirement benefits pursuant...

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