The Massachusetts Judicial Branch

Supreme Judicial Court

Amicus Announcement

SJC-10288


THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR JANUARY 2009.
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE DECEMBER 22, 2008


SJC-10288
Samuel A. Foresta, Jr. v. Contributory Retirement Appeal Board & another

The issue presented is whether CRAB correctly determined that an employee was not eligible for accidental disability retirement under the standard set forth in G. L. c. 32, §§ 6 and 7 ("unable to perform the essential duties of his job"), in circumstances in which the employer had reassigned some of the employee's job duties and made other reasonable accommodations (such as are contemplated in G. L. c. 151B, § 4[16]) that had effectively changed his job description.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

  Susan Mellen, Clerk

October 10, 2008