Adams v. Contributory Retirement Appeal Board

597 N.E.2d 1051, 33 Mass. App. Ct. 171, 1992 Mass. App. LEXIS 702
CourtMassachusetts Appeals Court
DecidedAugust 13, 1992
DocketNo. 91-P-449
StatusPublished
Cited by1 cases

This text of 597 N.E.2d 1051 (Adams v. Contributory Retirement Appeal Board) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Contributory Retirement Appeal Board, 597 N.E.2d 1051, 33 Mass. App. Ct. 171, 1992 Mass. App. LEXIS 702 (Mass. Ct. App. 1992).

Opinions

Kass, J.

Donna Adams, a school teacher in Wareham, applied to the Teachers’ Retirement Board for disability retirement “by reason of a personal injury sustained or a hazard undergone as a result of, and while in the performance of, [her] duties.” G. L. c. 32, § 7(1), as appearing in St. 1982, c. 630, § 18. Her case has been in this court before. See Adams v. Contributory Retirement Appeal Bd., 26 Mass. App. Ct. 1032 (1989) (Adams I).

In considering whether the disability Donna Adams suffered was work related, it is useful to rehearse the principles governing what constitutes a compensable injury in the related area of workers’ compensation. See Blanchette v. Contributory Retirement Appeal Bd., 20 Mass. App. Ct. 479, 485 (1985). Those principles were restated in Zerofski’s Case, 385 Mass. 590, 594-595 (1982):

“The line between compensable injury and mere ‘wear and tear’ is a delicate one .... Nevertheless, the distinction is necessary to preserve the basic character of the act .... To be compensable, injury must arise ‘out of as well as ‘in the course of employment .... To be compensable, the harm must arise either from a specific incident or series of incidents at work, or from an identifiable condition that is not common and necessary to all or a great many occupations. The injury need not be unique to the trade, and need not, of course, result from the fault of the employer. But it must, in the sense we have described, be identified with the employment.”

In Zer of ski’s Case, years of standing and walking at work did not meet the statutory requirement because standing and walking are common to a great many occupations.

As in the earlier appeal, Adams I, the Contributory Retirement Appeal Board (CRAB) denied the application of Adams for disability retirement; Adams took an appeal from that administrative agency to the Superior Court under G. L. c. 30A, § 14(7); and a judge of that court ruled that CRAB had incorrectly applied the Zerofski principles. Conse[173]*173quently, the judge determined, CRAB had acted arbitrarily and capriciously and ordered payment of disability benefits to Adams. From a judgment entered accordingly, CRAB has again appealed. We affirm the judgment of the Superior Court ordering retirement benefits.

The burden carried by a claimant for disability retirement, such as Adams, breaks down into two interrelated factors: (1) Did something which happened in the workplace cause the injury? (2) Assuming that connection, if the cause was not a specific or series of specific incidents, could what happened in the workplace be differentiated from conditions and physical demands that are common and necessary to all or a great many occupations? As to the causation factor, see Campbell v. Contributory Retirement Appeal Bd., 17 Mass. App. Ct. 1018, 1018-1019 (1984); Blanchette v. Contributory Retirement Appeal Bd., 20 Mass. App. Ct. at 485; as to distinctive factors in the work place, see Zerofski’s Case, 385 Mass. at 594-595; Blanchette v. Contributory Retirement Appeal Bd., 20 Mass. App. Ct. at 487.

At this juncture, it is helpful to summarize the findings of an administrative magistrate of the Division of Administrative Law Appeals, which CRAB in large measure adopted.1

[174]*174Adams had been employed by Wareham as a third-grade teacher for approximately fourteen years before severe back pain prevented her from working. Her duties as a teacher required her to help her young pupils to tie their shoes, to fasten their belts, and to put on their boots, to help them with their lunches, to break up fights between them, and to run after children and fetch them back when they wandered toward nearby unguarded railroad tracks. In addition to walking and standing, Adams’s work required frequent bending to deal with third-grade children.

As a child, Adams had suffered a bout of poliomyelitis which caused paralysis of her left leg and required her to walk with the aid of a long leg brace. That compounded a club foot difficulty with the same leg which Adams had experienced since birth. In January, 1980, Adams delivered a child by Caesarian section. She experienced no back pain in caring for her baby. In the fall of 1980, Adams resumed teaching and in February, 1981, began to experience back pain. No particular incident triggered the onset of her pain. After a medically prescribed period of bed rest, Adams returned to the classroom half days but soon suffered back pain again. A series of medical consultations and therapies followed, none of which succeeded in alleviating Adams’s back problem. It was the opinion of Dr. William' W. Tomford, an orthopedic surgeon at Massachusetts General Hospital, that a return to work would exacerbate her pain. Adams applied for disability retirement.

The Teachers’ Retirement Board rejected Adams’s application and she appealed to CRAB. The hearing magistrate concluded that Adams’s “pre-existing condition of residuals from childhood polio was aggravated by the continual standing, bending and moving about activities involved in her teaching work to produce her disabling back condition.” Applying the Zerofski test, the hearing magistrate found “that Ms. Adams’s particular regime does not reflect an activity level commmon or necessary to daily life or to all employ[175]*175ment . . . her regime of activity involves physical movements and exertions which are dependent upon whatever the situation demanded to insure proper care for the young children.” The magistrate recommended that benefits be awarded.

When we reviewed the administrative record in Adams I, we questioned whether there was support for CRAB’s findings “that in all likelihood [the plaintiffs] medical problems were brought on by the care and birth of her child.” Adams I at 1034. We ordered that the case be remanded to CRAB so that it might explain why it thought the record tied Adams’s disability to the birth and care of her child. Our opinion requested the board to refer to the evidence on which it had relied to arrive at its ultimate finding about the cause of Adams’s disability.

CRAB chose not to hold further hearings (nor was it required so to do). As recited in note 1, supra, CRAB, in its response after remand, disavowed acceptance of finding 38 of the administrative magistrate, which had tied the claimant’s disability to the standing, bending, and moving about activities involved in Adams’s teaching work. The board did not, however, explain the basis of its earlier conclusion that the birth and care of her child had brought on Adams’s back injury. There was absent from CRAB’s response to Adams I any reference to evidence to support the birth and child care causation hypothesis. Rather, CRAB shifted ground on causation altogether in its decision filed after remand, this time finding the causes of Adams’s injury in her birth defect and in her childhood poliomyelitis. The failure to respond to our inquiries in Adams I about causation works something resembling a waiver by the agency of the causation issue. When faced, after remand, with a failure by an administrative agency to respond to a request to furnish a reasoned basis for the agency’s conclusion, a reviewing court may come to a more readily apparent conclusion. See Marshall v. Lansing, 839 F.2d 933, 945 (3d Cir.

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Related

Adams v. Contributory Retirement Appeal Board
609 N.E.2d 62 (Massachusetts Supreme Judicial Court, 1993)

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Bluebook (online)
597 N.E.2d 1051, 33 Mass. App. Ct. 171, 1992 Mass. App. LEXIS 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-contributory-retirement-appeal-board-massappct-1992.