I find that Mr. pre-existing diabetic neuropathy was a major contributing Henderson’s factor to his diabetic foot ulcers, as a person without diabetic neuropathy would not have able to wear ill-fitting shoes for a length of time sufficient to have caused the diabetic ulcers. Following the long line of cases that have consistently and strictly construed the requirements of the accidental disability retirement statute, I conclude that Mr. Henderson’s disability was not owing to personal injury sustained or a hazard undergone . . . while in the “a performance of 72 Mass. See Damiano v. Contributory Retirement Appeal Bd., [his] duties.” App. Ct. 259 (2008), quoting , 1005 (1996). Namvar v. Contributory Retirement Appeal Bd., Accordingly, the Boston Retirement denial of Gregory application for System’s Henderson’s accidental disability retirement is affirmed. SO ORDERED. DIVISION OF ADMINISTRATIVE LAW APPEALS ___________________________________________ Angela McConney Scheepers Administrative Magistrate DATED:
I find that Mr. Henderson’s pre-existing diabetic neuropathy was a major contributing factor to his diabetic foot ulcers, as a person without diabetic neuropathy would not have able to wear ill-fitting shoes for a length of time sufficient to have caused the diabetic ulcers. Following the long line of cases that have consistently and strictly construed the requirements of the accidental disability retirement statute, I conclude that Mr. Henderson’s disability was not owing to “a personal injury sustained or a hazard undergone . . . while in the performance of [his] duties.” See Damiano v. Contributory Retirement Appeal Bd., 72 Mass. App. Ct. 259 (2008), quoting Namvar v. Contributory Retirement Appeal Bd., , 1005 (1996). Accordingly, the Boston Retirement System’s denial of Gregory Henderson’s application for accidental disability retirement is affirmed. SO ORDERED. DIVISION OF ADMINISTRATIVE LAW APPEALS ___________________________________________ Angela McConney Scheepers Administrative Magistrate DATED:
Henderson%20%28Gregory%29%20v%20Boston%20Retirement%20Bd%20-%20Decision%20-%2006-15-2018.docx