The FRPS submitted the by Mr. Marshall on July Employer’s Statement, signed 30, 2013. Mr. Marshall stated that Ms. Faggioli was discharged on December 5, 2011 for job abandonment, and to (Exhibit 6.) alleged PTSD “due workplace/supervisor.” On May 22, 2014, the Board denied Ms. application for accidental Faggioli’s disability benefits without convening a medical panel. In its letter, the Board wrote, “Ms. claim does not constitute a personal injury or hazard undergone while in the Faggioli’s performance of her (Exhibit 1.) duties.” On June 6, 2014, Ms. Faggioli filed a timely appeal. (Exhibit 2.) CONCLUSION AND ORDER The decision of the Fall River Retirement Board to deny the accidental retirement application filed by Deborah Faggioli, without first convening a regional medical panel, is affirmed. To qualify for accidental disability retirement, the Petitioner must prove that she is permanently and of a personal injury sustained or a hazard undergone totally disabled “by reason as a result of, and while in the performance of, [her] duties at some definite place and at some definite time ... G.L. c. 32, § 7(1). An applicant bears the burden of proving her entitlement to .” accidental disability retirement by a preponderance of the evidence. Lisbon v. Contributory , 255 (1996). Retirement Appeal Bd., Although the is not defined in chapter 32, courts have consistently term “personal injury” applied the definition of from G.L. c. 152, § 1(7A). See, e.g., Zavaglia v. “personal injury” (1963). General Laws c. 152, § 1(7A) provides, Contributory Retirement Appeal Bd, mental or emotional disabilities only where the predominant “[p]ersonal injuries shall include contributing cause of such disability is an event or series of events occurring within any
The FRPS submitted the Employer’s Statement, signed by Mr. Marshall on July 30, 2013. Mr. Marshall stated that Ms. Faggioli was discharged on December 5, 2011 for job abandonment, and alleged PTSD “due to workplace/supervisor.” (Exhibit 6.) On May 22, 2014, the Board denied Ms. Faggioli’s application for accidental disability benefits without convening a medical panel. In its letter, the Board wrote, “Ms. Faggioli’s claim does not constitute a personal injury or hazard undergone while in the performance of her duties.” (Exhibit 1.) On June 6, 2014, Ms. Faggioli filed a timely appeal. (Exhibit 2.) CONCLUSION AND ORDER The decision of the Fall River Retirement Board to deny the accidental retirement application filed by Deborah Faggioli, without first convening a regional medical panel, is affirmed. To qualify for accidental disability retirement, the Petitioner must prove that she is permanently and totally disabled “by reason of a personal injury sustained or a hazard undergone as a result of, and while in the performance of, [her] duties at some definite place and at some definite time ... .” G.L. c. 32, § 7(1). An applicant bears the burden of proving her entitlement to accidental disability retirement by a preponderance of the evidence. Lisbon v. Contributory Retirement Appeal Bd., , 255 (1996). Although the term “personal injury” is not defined in chapter 32, courts have consistently applied the definition of “personal injury” from G.L. c. 152, § 1(7A). See, e.g., Zavaglia v. Contributory Retirement Appeal Bd, (1963). General Laws c. 152, § 1(7A) provides, “[p]ersonal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any
faggioli-deborah-v-fall-river-retirement-bd-decision-08-18-2017.docx