Court Orders Retirement Board to Aid Disabled Police Officer

The Massachusetts Appeals Court directed the Hull Retirement Board to change the retirement date of a police officer injured in the line of duty, a decision that allows the officer to keep more of a financial settlement from his employer. Attorney Terry Coles represented the police officer in the case, Hull Retirement Board v. CRAB. This case sets an important precedent for Massachusetts police and fire fighters injured in the line of duty and their employers deny compensation for the injuries.

In this case, the Town initially recognized the police officer's injuries as work related, providing him benefits under Chapter 41, Section 111F. The Police Chief, however, in 2003 stopped paying the officer these statutory benefits, forcing the officer to sue the Town. At about the same time, the officer applied for, and eventually received, accidental disability retirement. The retirement board granted disability retirement in 2004 and paid the officer retroactively to the date the Town stopped paying 111F benefits (20030.

Later, the Town and the officer settled the court case, which alleged that the Town violated the officer's right to benefits under Section 111F. The settlement included pay for the time between the Town stopped paying 111F benefits (2003) to the date the retirement board granted accidental disability retirement (2004.

The retirement board, however, refused to change the officer's actual retirement date so that he could keep the Town's settlement payment. The court disagreed and ordered the retirement board to change the officer's retirement date.

This decision will help fire fighters and police officers injured in the line of duty but who are mistreated by their employers or retirement board. If an officer is denied 111F benefits and pursue disability retirement, this case means that any 111F claim remains viable even after retirement and that a retirement date can be modified to help the disabled public safety employee.