affirmative panel certificate is binding because the panel psychiatrists had all the pertinent medical facts for review. Fourth, the argues that Ms. Milton could not receive accidental disability benefits because she was not totally and permanently disabled on her last day work due to a work-related disabling condition or incapacity. 41 Mass. App. Ct. Vest v. Contributory Retirement App. Bd., 191 (1996). As has already been set forth, a preponderance of the evidence shows that Ms. Milton’s incapacity was due to the natural progression of her underlying psychiatric condition. She was unable to prove that her condition was due to a work-related injury, and thus could not be so injured on the last day of her employment. For the foregoing reasons, Ms. Milton’s claim fails because of her pre-existing condition and the lack of causation related to the claimed date of injury for the alleged disabling condition. Accordingly, the Boston Retirement Board’s denial of Lavora Milton’s application for accidental disability retirement is affirmed. SO ORDERED. DIVISION OF ADMINISTRATIVE LAW APPEALS ___________________________________________ Angela McConney Scheepers Administrative Magistrate DATED:
affirmative panel certificate is binding because the panel psychiatrists had all the pertinent medical facts for review. Fourth, the argues that Ms. Milton could not receive accidental disability benefits because she was not totally and permanently disabled on her last day work due to a work-related disabling condition or incapacity. Vest v. Contributory Retirement App. Bd., 41 Mass. App. Ct. 191 (1996). As has already been set forth, a preponderance of the evidence shows that Ms. Milton’s incapacity was due to the natural progression of her underlying psychiatric condition. She was unable to prove that her condition was due to a work-related injury, and thus could not be so injured on the last day of her employment. For the foregoing reasons, Ms. Milton’s claim fails because of her pre-existing condition and the lack of causation related to the claimed date of injury for the alleged disabling condition. Accordingly, the Boston Retirement Board’s denial of Lavora Milton’s application for accidental disability retirement is affirmed. SO ORDERED. DIVISION OF ADMINISTRATIVE LAW APPEALS ___________________________________________ Angela McConney Scheepers Administrative Magistrate DATED:
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