General Jurisdiction Decisions - 2016 to Present

Animal Rescue Organizations - Failure to Register - Summary Decision.

Dogs from municipality and rescue organizations, decision about adoption, not running unlicensed organization

Compost; 100 foot setback

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

Application for license; not suitable

Summary decision, hearsay, inappropriate comments, license reovocation

Revocation and refusal to renew, various grounds

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

Revocation, intimidating language, dual relationship

Summary decision, misappropriation, nurse aide registry

Conduct not willful, no evidence of harm

EMT license revocation-criminal offense

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, summary decision

EMT license revocation-criminal offense

EMT license revocation-false statements

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

Recommended decision, sanctions

Documenting evidence of deleading, inspections by department employees or designated representatives, failure to consult database

Registrable Abuse

No evidence of abuse per se or registrable abuse

Registrable Abuse, sexual contact with DDS client

Abuse, abuse per-se, abuse registry

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

Order allowing Motion to Dismiss for lack of jursidiction

Registrable Abuse, abuse per se, infliction of physical pain

Serious physical injury, abuse per se, registry of abuse

No finding of abuse per se, no credible evidence of serious physical or emotional injury, hearsay

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

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to state a claim

Dismissal, mootness

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, voluntary dismissal

Dismissal, untimely appeal

Dismissal, untimely appeal

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness, failure to state a claim

Dismissal, lack of jurisdiction

Dismissal, mootness

Dismissal, failure to state a claim

Dismissal, late notice of appeal, no jurisdiction

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to state a claim

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, aggrieved party, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, late notice of appeal, no jurisdiction

Dismissal, mootness

Dismissal, mootness

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, mootness

Agency withdrew action

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, mootness

Dismissal, mootness, failure to state a claim

Dismissal, mootness, failure to state a claim

Dismissal, untimely appeal

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, mootness

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, lack of jurisdiction

Dismissal, mootness

Dismissal, mootness, failure to state a claim

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness, failure to state a claim

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to state a claim

Dismissal, settlement

Dismissal, failure to state a claim

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, mootness

Conditional dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim, defective application

Dismissal, mootness, failure to state a claim

Dismissal

Dismissal, late notice of appeal, no jurisdiction

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, mootness

Dismissal, mootness, failure to state a claim

Dismissal, mootness

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, premature appeal

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, lack of jurisdiction, mootness

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to state a claim

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

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness, failure to state a claim

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, untimely appeal

Dismissal, untimely appeal

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, mootness

Dismissal, untimely appeal

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to state a claim

Dismissal, premature appeal

Dismissal, mootness

Dismissal, failure to state a claim

Discretionary review; abuse of discretion; deference to agency decision

No evidence of false or misleading statements, sanction for failure to keep accurate records, discretionary review, pending charges

Discretionary review process, substantiated allegations of abuse, new evidence

Emergency suspension, refusal to renew, noncompliance

Discretionary review process, prior allegations relating to child in care

Discretionary review process, household member not unsuitable, new evidence

Discretionary review process, household member not unsuitable, new evidence

Presumptive review process, juvenile charges, new evidence

Discretionary review; de novo review; regulatory factors

refusal to issue license, failure to follow regulations, exercise of poor judgment

Discretionary review process, unclear explanation of household member's unsuitability

Discretionary review process, prior allegations of abuse

Discretionary review, suitability, “good judgment”

Discretionary review process, prior criminal convictions, new evidence

No evidence of abuse or neglect by care providers

Revocation, non-compliance, misleading regulators

Discretionary review process, prior allegations relating to child in care

Discretionary review process, household member unsuitable, no new evidence

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)

Certification surveys, not up-to-date, rate setting

Creditable service, contract employee, third-party vendors

Group 2, regular and major duties, care, Registered Nurse II/Admission Nurse

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.

Teacher, prior creditable service, tuition not all from Commonwealth

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

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

Group 4, correction officer, job description

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"

Accidental disability retirement, lack of accommodation

Creditable service, teacher, out-of-state, insufficient documentation

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

Accidental disability retirement, PTSD, proximate cause

Untimely appeal; lack of jurisdiction

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

Group 2, regular and major duties, care, Registered Nurse IV

Group 4, investigative officer, not enumerate position

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

accidental disability retirement, in performance of duties, proximate cause

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

G.L. c. 32, sec. 4(1)(p); non-public school; out-of-state students; not engaged in "teaching pupils"

G.L. c. 32, sec. 4(1)(p); non-public school; retirement benefits; tuition financed by Commonwealth

Insufficient documentation ; Board discretion; prior state service

Group 2, care, custody and instruction, campus police officer (Taunton state hospital)

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

Lost wages not offset, third-party recovery, employer fully reimbursed

Accidental disability retirement, proximate cause, persuasive medical panel opinions

Invalid option selection form, Option B, beneficiaries

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

Dismissal, failure to prosecute

Anti-spiking, wage increase exempt, employer's "systemic wage adjustements"

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

Standing; lack of jurisdiction; aggrieved party

No jurisdiction, failure to request action, failure to appeal prior decision

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

Accidental disability retirement, PTSD, no timely notice

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

Regular compensation, commuting differential

Default, buyback vs. actuarial assumed rates

Survivor benefits, death caused by line-of-duty injuries

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

Retirement allowance, dual member, recent service for one unit

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

Group 2, regular and major duties, Custody Assessment Manager (Suffolk Cty. Sherriff)

Group 4, Laboratory Supervisor III not enumerated position

Accidental disability retirement, injury during performance of duties

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

Group 2 classification, regular and major duties, paralegal (Suffolk county jail)

Accidental disability retirement, proximate cause, persuasive medical panel opinions

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

Accidental disability retirement, unclear medical panel opinions, remand for new panel

Accidental disability retirement, injury during performance of duties

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

Eligibility to retire, purchase of prior service or volunteering does not create retroactive membership

Accidental disability retirement, remand for new medical panel, Heart Law presumption

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

Accidental disability retirement, heart law presumption, negative panel

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

Member of system, "regularly employed"

Out-of-state service, certification, functional equivalent to teacher, half-time

Group 2 classification; assessment vs. direct care; forensic transition team

prior creditable service, veterans, “active duty for training”

Accidental disability retirement, incapable of performing essential duties

Accidental disability retirement, negative panel

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

Creditable service, teacher aides, part-time and full-time service

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

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

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

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

Accidental disability retirement, negative panel, remand to consider other conditions

Accidental disability retirement, permanence, PTSD, remand for new panel

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

Accidental disability retirement, PTSD, proximate cause

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, prima facie case, “cancer presumption”, when first discovered.

Temporary or provisional work, ineligible to purchase because already retired

Excess earnings, refund, allocation of spousal income

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

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

Anti-spiking, 5-year look-back, reasonable expectations in the retirement system

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

Pro-rated benefits; active member

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

Creditable service, “buyback” interest accrues until “deposit”

Accidental disability retirement, proximate cause, bona fide personnel action

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

Summary decision, failure to timely enroll, continuing membership

Survivor benefits; effective as of date of retirement

Regular compensation, police officers, compensatory time

Appeal rights, advisory opinions

Standing, creditable service, reserve police officers, $5,000 annual compensation

Accidental disability retirement, negative panel, no exceptions

Accidental disability retirement, convene medical panel, prima facie evidence

Retirement status, Option C benefits, separation agreement

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

Group 2, care, mental health case manager II

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

Petitioner did not file timely enrollment form

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

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

Reinstatement, retroactivity, G.L. c. 32, § 105

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

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, 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

Accidental disability retirement, regular compensation, longevity payments

Group 2, regular and major duties, prison Commitment Manager

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

Permanent employee, retirement contributions, correction of errors

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

Retiree (for accidental disability), excess earnings, not waivable

Accidental disability retirement, PTSD, proximate cause

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

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

Teacher, regular compensation, stipend for professional development

Creditable service, inactive member when applied

Accidental disability, negative panel, accomodations

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

Excess earning, method of collection, withholding annuity

Jurisdiction, accidental disability retirement, event not within two years of application

Contract employee, third party vendor, creditable service

Purchase of prior service, application before retirement

Accidental disability retirement, PTSD, proximate cause, bona fide personnel action

Accidental disability retirement, heart law presumption, heart disease

Regular compensation, hourly compensation, stipends

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

Accidental disability retirement, negative panel, not plainly wrong

Accidental disability retirement, causation, aggravation

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

Refusal to waive repayment of overpayment, alerted to excess payments

Cannot amend retirement option after effective date of retirement

Definition of “employee,” service, regularly and permanently employed in such service

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

Accidental disability retirement, proximate cause, subjective complaints of pain

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

Erroneous exclusion from membership; purchase credit for prior service; "correction of errors" rate

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

Overpayments; Option B; remaining funds paid to beneficiary

Group 2, regular and major duties, “mentally ill,” licensed practical nurse

Accidental disability retirement, injury not during performance of duties, no aggravation

Teacher’s regular compensation, “additional services”, “club advisor”

Accidental disability retirement, proximate cause, persuasive medical panel opinions

Beneficiary, survivor benefits, failure to elect

Prior creditable service; non-public school; all tuition not financed by Commonwealth

Regular compensation, bonuses

Termination, settlement agreement, paid leave, creditable service

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