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-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

Registrable Abuse

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

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

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"

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

Regular compensation, weekly stipends, overtime

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

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

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

Retirement-Beneficiary dispute

Creditable service, regular compensation, unpaid service

Excess earning, position from which the member was retired

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

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.

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

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

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

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

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

Member of system, "regularly employed"

Accidental disability retirement, incapable of performing essential duties

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

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

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.

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

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

Anti-spiking provision, no equitable relief

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

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)

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

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"

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

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

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

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

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

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

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

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)

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)

Accidental disability retirement, PTSD, notice

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

Retirement-Physician Assistant qualifies for Group 2 classification

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

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

Group 2 classification; DMH; assessment vs. direct care

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

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

Regular compensation, "hazardous duty pay"

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

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

Beneficiary, domestic relations order, survivor benefits

Accidental disability retirement, injury not during performance of duties

Proportional reimbursement among retirement systems, applicability of statute of limitations

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

Creditable service, period of backpay for wrongful termination

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, retroactive cost-of-living adjustments, employee

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

Harbor Master not entitled to Group 4 classification

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

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

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

Group 4, correctional officer

Accidental disability retirement, proximate cause not accident, preexisting condition

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

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

Group 2 classification; "dangerousness" not enough

Creditable service, non-teacher work in charter schools

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

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

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

Buyback interest, prior successful appeal

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

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

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

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

Creditable service, military service, group 2/4 reclassification

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

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

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

Creditable service, nonpublic school, employer-funded retirement benefit

Excess earning not miscalculated

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

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

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

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.

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

Accidental disability retirement, capable of performing essential duties

Reinstatement of Membership

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

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

Accidental disability retirement, convene medical panel, PTSD

Accidental disability retirement, negative panel

CR-20-0396

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

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

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

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

Unemployment claim (vaccine mandate)

Unemployment claim (vaccine mandate)

Unemployment claim (vaccine mandate)

Unemployment claim; discharge for knowing violation of rule or policy

Unemployment claim; "good cause" for leaving attributable to employer

Unemployment claim; no "good cause" for leaving attributable to employer; employment not deemed involuntary

Unemployment claim; no "good cause" for leaving; no "urgent, compelling or necessitous" reason for resigning

Unemployment claim (vaccine mandate)

unpaid leave; capable of working; actively engaged in seeking work

Unemployment claim (vaccine mandate)

Unemployment claim (vaccine mandate)

Unemployment claim; no "good cause" for leaving

Cash benefits, medical-only benefits, maximum monthly income

Dismissal-Failure to prosecute

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

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

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.

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.