General Jurisdiction Decisions - 2016 to Present

Animal Rescue Organizations - Failure to Register - Summary Decision.

Compost; 100 foot setback

Selling dogs without a license; personal owner; livestock imported from out of state

Application for license; not suitable

Summary suspension, intimidating language, ethical violations, practice outside scope of license

EMT license revocation-criminal offense, summary decision

EMT license revocation-violation of regulations, etc.

EMT license revocation-out of state discipline

EMT license revocation-criminal offense

EMT license revocation-criminal offense; failure to notify

EMT license revocation-false statements

EMT-failure to use good judgment; knowingly making an omission of material fact

EMT license revocation-criminal offense

EMT license revocation-false statements

EMT license revocation-failure to exercise reasonable care, etc.

Registrable Abuse

Registrable Abuse, sexual contact with DDS client

No finding of abuse or abuse per se, credibility of witnesses

Order allowing Motion to Dismiss for lack of jursidiction

Serious physical injury, abuse per se, registry of abuse

DPPC-no evidence to support abuse per se; registrable abuse

Discretionary review; abuse of discretion; deference to agency decision

Discretionary review; de novo review; regulatory factors

No evidence of abuse or neglect by care providers

Dismissal-Failure to file pre-hearing submissions

Jurisdiction, Petitioner not "aggrieved" by agency decision, Motion to Dismiss

Dismissal-failure to comply with logistical orders; failure to prosecute

Absence of supporting documentation, fair and reasonable rates, administrative costs

Jurisdiction, failure to prosecute, allocation of costs

Jurisdiction, "indirect therapy costs," required supporting documentation

Jurisdiction, "indirect therapy costs," required supporting documentation

Absence of supporting documentation, fair and reasonable rates, administrative costs

Jurisdiction, failure to take action required by law, Determination of Need (DON)

Group 2 classification; "sergeant telecommunications/signal operator" only if municipal employees

Group 2 classification, regular and major duties, "mentally ill or mentally defective"

Cannot change retirement option once retirement effective

Accidental disability retirement; no serious or willful misconduct; timely notice

Accidental disability retirement, negative panel, standard of causation, pre-assessment letter,

Regular compensation, weekly stipends, overtime

Notification of Board decision (via e-mail); untimely appeal; lack of jurisdiction

Ineligible to purchase contract service because it did not "immediately precede" membership.

Anti-spiking, bona fide change in position, market adjustment

"regularly employed", part-time, full-time

Accidental disability retirement, application not "filed" until Physician's Statement received

G.L. c. 32, sec. 11(2)(c); beneficiary; valid form

Creditable service, regular compensation, unpaid service

Prior non-membership service, employee, compensation from subsidiary account 03

Regular compensation, engineers' "dive pay"

G.L. c. 32, sec. 28N, 20/50 benefit, no service for twenty years

Excess earning, position from which the member was retired

Timely appeal, "regular compensation," included in contract, overpayment

Untimely appeal; lack of jurisdiction

Killed-in-line-of-duty benefits, G.L. c. 32, Sec. 100

G.L. c. 32, sec. 3(5)-Reserve Police Officer purchase of prior creditable service

Regular compensation, lump sump payment, vacation time

Group 2 classification; less than half of working hours providing care or supervision

Error correction; precedents in force

Group 2 classification, regular and major duties, licensed nurse (Shattuck Hospital)

Retirement - ADR - Aggravation of preexisting injuries to pint of disability (neurological and psychiatric/emotional).

Excess payment, G.L. c. 32 sec 91(b), repayment

Group 2 classification; municipal employee

Accidental disability retirement, proximate cause, persuasive medical panel opinions

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, failure to purchase within 180 days

Error correction; precedents in force

G.L. c. 32 sec 94B, Cancer Law, more than five years from active service

Group 2 classification, regular and major duties, DDS Residential Supervisor II

Anti-spiking provision, salary amount not specific by law.

Standing; lack of jurisdiction; aggrieved party

Teacher's regular compensation, "additional services," side letter of agreement

Group 2 classification, regular and major duties, human services coordinator

Regular compensation, commuting differential

Animal Control Officer not entitled to Group 4 classification

Mootness; maximum age of retirement; reinstatement

Accidental disability, negative panel, legal standard

Part-time/Full-time service, part-time/full-time position, prorating

Accidental disability retirement, heart law presumption inoperative, pre-employment physical

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), fixed hours, bona fide change in position

Accidental disability retirement, incomplete application, ability to perform essential duties

G.L. c. 32, sec. 28N, 20/50 benefit, involvement with other law enforcement agencies

G.L. c. 32, sec. 11(2)(c), 12(2), & 12B; "justifiable cause"; substantial compliance; temporary allowance

Anti-spiking provision, non-consecutive periods of service.

Retirement Plus, failure to complete enrollment prior to deadline

Accidental disability, negative panel, legal standard

"Anti-spiking," consecutive years, pay equity adjustment

Buyback interest, actuarial interest rate, buyback within one year of reinstatement or re-entry

Regular compensation, determining retirement date, recurrent payments

accidental disability, mental disability, bona fide personnel actions

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), bona fide change in position, salary not "specified" by law

Creditable service, call firefighter, less than $5,000 annually

Charter school, ineligible to purchase prior service, non-teaching employee

Teacher's regular compensation, "additional services," "club advisors"

Anti-spiking provision, exception for salary amounts specific by law

Member of system, "regularly employed"

Accidental disability retirement, incapable of performing essential duties

Creditable service, call firefighter, less than $5,000 annually

Part-time/Full-time service, prorating, contract employee

Accidental disability retirement, incidents time-barred, not "constant" or "continued" hazard of job

Regular compensation, per diem compensation, substitute

Buyback interest, actuarial assumed rate, payment deadline, board's discretion

Charter school, ineligible to purchase prior service, employed by management company, not school

Buyback interest, prior successful appeal

Group 2 classification; "fire and police signal operators" only if municipal employees

G.L. c 32, sec 4(1)(s); contract employee; substantially similar positions

Regular compensation, additional services

Ineligible to purchase contract service because it did not "immediately precede" membership.

Accidental disability retirement, respiratory conditions, did not meet burden of proof

Teacher's regular compensation, stipends, not included in CBA

Group 4, Deputy State Fire Marshall

Group 4, not-statutorily enumerated position, transfer of retirement system

Elected official, application 90 days after taking office, correcting error

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, three most recent years, service not "required" for licensure

Accidental disability retirement, proximate cause, incident within two years of application

Accidental disability retirement, missed deadline, no proof of disabling injury

Creditable service, call firefighter, less than $5,000 annually

Pro-rated benefits; active member

contract employee; third-party vendors; contractual rights and benefits

Pro-rated, part-time service, less than 10 years creditable service

Anti-spiking provision, no equitable relief

G.L. c 32, sec 7(1) & 9, death benefits, not proximate cause for which retired

Teacher's regular compensation, leave of absence, not performing "service"

Buyback interest, failure to complete or begin buyback within deadline, actuarial interest rate

Survivor benefits; effective as of date of retirement

Appeal rights, advisory opinions

Accidental disability retirement, convene medical panel, prima facie evidence

Teacher's regular compensation, "additional services," stipend range, "set forth"

Veteran's Creditable Service, G.L. c. 32, sec. 4(1)(h)

G.L. c. 32, sec 10(2)(c), religious beliefs, not violation of "law, regulation, or rule"

contract employee; third-party vendors; instrumentalities of the Commonwealth

Group 2 classification, primary diagnosis that "drives the patients' care", RN II, Tewksbury Hospital

Creditable service, prior work for private entity, not engaged in "teaching pupils"

G.L. c 32, sec 3(5); prior non-membership service

Teacher's regular compensation, hourly basis, not "salary"

Insufficient documentation of earnings; Board discretion; out-of-state service

Teacher, prior creditable service overseas

G.L. c. 32 sec 3(7)(d) & 5(2)(e); retirement benefits from two systems; superannuation and accidental disability

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, other prior service, "employee", paid by political subdivision

Group 2 classification, regular and major duties,DDS on-site nurse and area office nurse

Group 2 classification, regular and major duties, physician specialist, Worcester Recovery Center

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, three most recent years, prior service as substitute teacher

Retirement credit, "partial" incapacity, out of work

Teacher's regular compensation, "additional services," "club advisors"

G.L. c. 32, sec. 11(2)(c); beneficiary; valid form; refund of contribution

Group 4, Chief of Staff and Chief Legal Counsel for the District Attorney

State police, enhanced benefit, retirement at age 55, Act 1991, c. 412 sec. 123

G.L. c 32, sec 9, death benefits, same condition

Group 2 classification; Clinical Social Worker (DMH); assessment and case management

Regular compensation, longevity payments

Accidental disability retirement, misconduct through failure to disclose pertinent medical facts.

Dismissal, accidental disability process

M.G.L. c. 32, sec. 4(1)(p); Engaged in "teaching pupils"

G.L. c. 32, sec. 12(2)(d); beneficiary; Option C; death of member

Accidental disability retirement, negative panel

Accidental disability retirement, PTSD, proximate cause

Teacher's regular compensation, "additional services," written in employment contract & effective date of retirement

Group 2, care for individuals involuntarily detained with substance abuse disorders

Accidental disability, negative panel, accomodations

Excess payment (G.L. c. 32 sec 91A)

Regular compensation, hourly compensation, stipends

Retirement-Anti-spiking (G.L. c. 32 sec. 5(2)(f))

Veteran's Creditable Service, G.L. c. 32, sec. 4(1)(h)

Veteran's Creditable Service, G.L. c. 32, sec. 4(1)(h)

Beneficiary, change in option (d) beneficiary, domestic relations order

Accidental disability retirement, medical panel failure to address claim, remand

Untimely appeal; contract employee; third-party vendors; instrumentalities of the Commonwealth

G.L. c 32, sec 20(5)(c)(3), discretion to grant waiver, correction of errors interest rate

Group 2 classification; Physician Assistant (Worcester Recovery Center and Hospital)

Group 4, assistant superintendent in county sheriff's office

Accidental disability retirement, injury not during performance of duties

G.L. c. 32, sec. 4(1)(p); Engaged in "teaching pupils"

Prior creditable service; call firefighter; local rules and board regulations

G.L. c. 32, sec. 11(2)(c); beneficiary; valid form

Group 2 classification, administrative secretary (Sheriff's Dept), interactions with inmates

Group 2 classification; DYS Program Director; custody of "wayward children"

Group 4, bona fide work in statutorily enumerated position.

Untimely appeal, teacher's regular compensation, "additional services," retroactive amendment to CBA

Regular compensation, settlement agreement, ad hoc, knowledge of employment

Overpayments; Option B; remaining funds paid to beneficiary

Beneficiary, survivor benefits, failure to elect

Regular compensation, bonuses

G.L. c 32, sec 9, medical panel, death benefits, proximate cause

Voted into membership; not a "correctable error"

Accidental disability retirement, proximate cause, pre-existing conditions

Retirement-Purchase credit for pre-membership service

Accidental disability retirement, convene medical panel, emotional distress

Anti-spiking provision, bona fide change in position, subsequent salary increase

Group 2 classification; DMH; assessment vs. direct care

Creditable service, work in department of defense “overseas dependent schools.”

Call firefighter ineligible to purchase prior service from another system (G.L. c. 32 § 3(5))

Group 2 classification, regular and major duties, chief classification manager

Group 2 classification, regular and major duties, physical therapist II (Shattuck Hospital)

G.L. c. 32, sec 15(1), (4) & (7); mootness, remand to hold proceedings

Regular compensation, "hazardous duty pay"

Creditable service, teacher, out-of-state, certification requirement

Accidental death benefits, injury not "in the performance of" employee's duties

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), fixed hours, bona fide change in position

G.L. c 32, sec 3(3); late entry into membership; work "half-time"

Accidental disability retirement, injury as a result of workplace incident

Accidental disability retirement, convene medical panel, prima facie evidence

Not eligible for waiver on earnings limitation, 2020 Act, limited to those "receiving a pension"

Accidental disability retirement, "entitled to retirement allowance," untimely application

Beneficiary, domestic relations order, survivor benefits

Accidental disability retirement, injury not during performance of duties

Appealable decisions, system's refusal to accept liability

Proportional reimbursement among retirement systems, applicability of statute of limitations

Creditable service, period of backpay for wrongful termination

G.L. c 32, sec 4(1)(a); credit for service rendered, member appointed to a statutory position

Group 2 classification, regular and major duties, direct care to prisoners

Non-teaching employee of charter school ineligible for membership in retirement system.

G.L. c. 32, sec. 4(1)(h1/2); 180-day deadline; calculating buyback interest

Retirement - Creditable Service - Prior "03" contract service.

Holiday pay before amendment to law not regular compensation.

Regular compensation, backpay, resignation

Calculating retirement allowance, last day of work is "date of disabling hazard undergone"

Regular compensation, retroactive cost-of-living adjustments, employee

Accidental disability retirement, proximate cause, not due to preexisting condition

M.G.L. c. 32, sec. 4(1)(p); Engaged in "teaching pupils"

Regular compensation, increase in base salary, not in contemplation of retirement

Harbor Master not entitled to Group 4 classification

G.L. c. 32, sec 10(2)(c), termination allowance, violation of "law, regulation, or rule"

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), bona fide change in position

Transition from full-time to part-time work was not a "resignation"

contract employee; third-party vendors; instrumentalities of the Commonwealth

Group 2 classification, regular and major duties, case manager

Creditable service, call firefighter, not appointed to permanent position in same system

Pro-rated, part-time service, "Kindergarten exception," speech pathologist

Superannuation, termination for moral turpitude

Error correction; no authority to hear constitutional claims

Accidental disability retirement, negative panel

Creditable service, not engaged in "teaching pupils", not a "governmental unit"

Accidental disability retirement, reapplication, res judicata, remand, full, fair, and substantive consideration

Retirement-Anti-spiking (G.L. c. 32 sec. 5(2)(f))

Member of two retirement systems; two retirement options allowed

Regular compensation, salary supplement (in lieu of health insurance), not base salary or compensation

G.L. c 32, sec 10(3); effective date of retirement

Veteran's allowance, "active duty for training" not "active service in the armed forces"

contract employee; third-party vendors; instrumentalities of the Commonwealth

Group 4, correctional officer

Accidental disability retirement, proximate cause not accident, preexisting condition

Accidental disability retirement, Post-concussion syndrome, unanimous medical panel

Group 2 classification; Boston Water and Sewer Commission; enabling act; "Same laws, rules and regulations"

Accidental disability retirement, pertinent facts not made available to the medical panel

Termination allowance, ineligibility

Teacher's regular compensation, "additional services," side letter of agreement

Group 2 classification, DYS, regular and major duties providing direct care

G.L. c 32, sec 4(2)(b), prior service reserve police officer, enhanced credit, five year cap

Group 2 classification; "dangerousness" not enough

Accidental disability retirement, PTSD, notice

Creditable service, non-teacher work in charter schools

Accidental disability retirement, negative panel, not plainly wrong

contract employee; third-party vendors; instrumentalities of the Commonwealth; entitled to out of state retirement benefits

Accidental disability retirement, lung law, COVID-19

Retirement-Reserve Police Officer purchase of prior creditable service (G.L. c. 32, sec. 3(5)

Accidental disability retirement, heart law presumption, pre-employment physical

Retirement-Anti-spiking (G.L. c. 32 sec. 5(2)(f))

Buyback interest, prior successful appeal

Group 2 classification, primary diagnosis that "drives the patients' care", RN II, Tewksbury Hospital

G.L. c. 32 sec. 5(2)(f); Anti-spiking; Equal Pay Act

Killed-in-line-of-duty benefits, death due to cumulative effect of numerous incidents.

Jurisdiction, Petitioner not "aggrieved" by agency decision, Motion to Dismiss

Anti-spiking provision, salary amounts specific by law, bona fide change in position

Re-entry into state service, instrumentality of the state

Creditable service, military service, group 2/4 reclassification

Creditable service, prior work for nonprofit organization, not Commonwealth or one of its subdivision

Appealable decisions, buyback vs actuarial interest rate

Anti-spiking provision, employee vested before the anti-spiking provision’s enactment.

Creditable service, nonpublic school, employer-funded retirement benefit

Excess earning not miscalculated

Creditable service, vendor of commonwealth, ultra vires regulation, retroactivity

G.L. c. 32, sec. 4(1)(p); non-public school; not receiving retirement benefits under another plan

G.L. c. 32, sec. 4(1)(p); not engaged in "teaching pupils"

G.L. c 32, sec 4(2)(c), prior part-time pre-membership service, "appropriate rules and regulations"

Untimely appeal; lack of jurisdiction

Surviving spouse benefits, not living apart for "justifiable cause"

Group 4, Campus police officer

Part-time/Full-time service, prorating, applicable regulation

contract employee; third-party vendors; supervised and controlled

G.L. c. 32, sec. 4(1)(p); non-public school; engaged in "teaching pupils"

Accidental disability retirement, convene medical panel, prima facie evidence

Accidental disability retirement, application to system where "presently employed" not required

Regular compensation, accreditation stipends.

accidental disability retirement, serious or willful misconduct, lack of causation

G.L. c. 32, sec. 3(6)(e), return to state service, must work two consecutive years

Elected official, year-for-a-day rule, Legislative repeal

Teacher's regular compensation, "additional services," written in CBA

Accidental disability retirement, injury not specified in application

G.L. c 32, sec 3(8), statutes of limitations, partial refund

Reinstatement of Membership

Accidental disability retirement calculation; regular compensation; effective date of retirement

Accidental disability retirement, capable of performing essential duties

Group 2 classification; "fire and police signal operators" only if municipal employees

Accidental disability retirement, convene medical panel, PTSD

Accidental disability retirement, negative panel

Prior creditable service; call firefighter; local rules and board regulations

Teacher's regular compensation, base compensation, core duties, "additional services"

Anti-spiking provision, exception for salary amounts specific by law.

Accidental disability retirement, convene medical panel, amending physician's statement

Anti-spiking provision, exception for salary amounts specific by law

Accidental disability retirement, convene medical panel, prima facie evidence

Request to accept liability not an appealable decision

Accidental disability retirement, negative panel

Untimely appeal; lack of jurisdiction

Group 2 classification, primary diagnosis that "drives the patients' care", occupation therapist, Tewksbury Hospital

Retirement options; method of calculating retirement allowance

Motion for reconsideration, no clerical or mechanical error in original decision

Retirement plus; ineligible; not served for 20 years as a teacher

Adequate "notice," not entitled to join belatedly

Enrollment in Retirement Plus (8/7/23)

Enrollment in Retirement Plus (8/30/23)

Enrollment in Retirement Plus (8/30/23)(2)

Fillmore v MTRS, 23-0358

Motion for reconsideration, no good cause for extension

Retirement plus; ineligible; missed statutory enrollment deadline, untimely appeal

Kelly v. MTRS, CR-19-137 (6/5/23)

Adequate "notice," not entitled to join belatedly

Retirement plus; ineligible even if rehired, notice

Petitioner did not file timely enrollment form

No "urgent compelling" need or "good cause for leaving" attributable to employer.

Cash benefits, medical-only benefits, maximum monthly income

Dismissal-Failure to prosecute

Mootness; HERO Act; definition of "veteran"

Veteran's benefits, applicant, dependent, work requirements

G.L. c. 115, sec 6B; definition of "veteran", active duty for training purposes, State Guard

Veteran's benefits, improperly completed application, excess assets

G.L. c. 114, sec 6B; Veterans; eligibility for annuity; military service requirement

Motion to dismissed based on untimely filing (opposed based on excusable ignorance).

Motion to dismiss based on untimely filing (mailing lacking a postmark).

Failure to perfect appeal; notice not filed with both agencies

Failure to perfect appeal; notice filed with both agencies

Misclassification of employees, failure to furnish true and accurate records, failure to permit use of sick time

Failure to pay wages, theft not a set-off, bankruptcy does not affect enforcement

Lack of jurisdiction; failure to pay wages

Summary decision; independent contractors; employees;

Meal Break Law, adult workers, civil citation, criminal proseuction

Failure to post, distribute and track earned sick time; failure to furnish records

Motion to dismiss based on e-mail to file appeal with the AGO.

Failure to pay wages, specific and general intent, sick time accrual "policy"

Jurisdiction, timely filing, method of filing, filing with with different agencies (DALA & OAG)

Payment of wages within pay period

Workers not "employees"; employment records

Motion to continue hearing based on retention of new counsel.

Motion for summary decision based on various grounds

Failure to pay minimum wage

Misclassification of Employees - Failure to Pay Wages - Summary Decision.

Failure to prosecute appeal, no notice of change of address