Callahan v. Commonwealth of Massachusetts Contributory Retirement Appeal Board

26 Mass. L. Rptr. 121
CourtMassachusetts Superior Court
DecidedOctober 7, 2009
DocketNo. SUCV20084858E
StatusPublished

This text of 26 Mass. L. Rptr. 121 (Callahan v. Commonwealth of Massachusetts Contributory Retirement Appeal Board) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callahan v. Commonwealth of Massachusetts Contributory Retirement Appeal Board, 26 Mass. L. Rptr. 121 (Mass. Ct. App. 2009).

Opinion

Macdonald, D. Lloyd, J.

Introduction and Procedural Overview

This is an administrative appeal pursuant to G.L.c. 30A, §14. The plaintiff, Gail Callahan (“Callahan”), seeks judicial review of a decision by the Contributory Retirement Appeal Board (“CRAB”). The State Board of Retirement (the “Board”) denied Callahan’s application for accidental disability benefits based on the Regional Medical Panel’s (the “Panel’s”) determination that she was not permanently disabled. Callahan appealed the Board’s decision to CRAB, which assigned the matter to the Division of Administrative Law Appeals (“DALA”). DALA via a decision of its magistrate affirmed the Board’s decision denying Callahan benefits. DALA concluded that Callahan had failed to demonstrate a compensable personal injury and that — as found by the Panel — she was not disabled. Callahan timely filed her objection to DALA’s decision with CRAB. CRAB reviewed the DALA decision and adopted its findings, affirming the decision denying Callahan benefits. Thereafter, Callahan filed her complaint for judicial review in this Court.

The matter is currently before the Court on Callahan’s Motion for Judgment on the Pleadings, requesting the court to vacate CRAB’s decision. Hie Court DENIES Callahan’s motion and AFFIRMS the decision below.

Factual Background

In 1992, Callahan began working as a secretary/receptionist at the University of Massachusetts Medical School (the “Medical School”). In 1993, she was promoted to database manager of Research Funding Services. Callahan worked as a database manager until her retirement in May 2005. During her first two years of employment, Callahan was supervised by David Entin (“Entin”), Director of Research at the Office of Research. Thereafter, from 1993 until 2002, she was supervised by Jill Martoli (“Martoli”), who succeeded Entin as the Director of Research. From 1992 through 2002, Callahan received annual performance evaluations from Entin and then Martoli. These performance evaluations indicated Callahan successfully met or exceeded job expectations.

In late 2002, Martoli resigned her position and was replaced by Patricia McNulty (“McNulty”). Callahan alleges her workplace problems began thereafter. McNulty’s first performance evaluation for Callahan, in spring 2004, covering the period January 1, 2003 to December 31, 2003 (the “2004 Evaluation”), criticized Callahan in many categories, stating she either needed improvement or did not meet standards. Callahan alleges that after the 2004 Evaluation she became very anxious and nervous about her job. According to Callahan, during the 2004 Evaluation, McNulty informed her that people inside and outside the Medical School were complaining about her attitude and performance, but McNulty refused to disclose who was making the complaints. In addition, Callahan claims that during the 2004 Evaluation, McNulty told her for the first time that work she had completed in October 2003, five months earlier, was “junk.”

Soon after receiving the 2004 Evaluation, in April 2004, Callahan learned McNulty and the Assistant Director of Research were searching for a new database program. Callahan claims she was excluded from the search process despite the fact that she was responsible for operating the database. According to Callahan, this increased her anxiety and worry. Next and more significant, according to Callahan, in June 2004, McNulty posted Callahan’s job description without telling her. Callahan states she learned about the posting from a co-worker who telephoned to ask her why she was leaving the Medical School. Callahan claims this greatly increased her anxiety and depression; she was constantly worried about her job and began having difficulty concentrating at work.

Following these events, Callahan asserts that physical manifestations of her stress and anxiety began to present themselves. At this time, she sought treatment from her primary care physician, Dr. Mary O’Brien (“Dr. O’Brien”), who diagnosed her with anxious depression, panic, fibromyalgia, lymphocytic colitis and irritable bowl syndrome (“IBS”). Thereafter, Callahan began seeing a therapist, Susan Thurston (“Thur-ston”). In March 2005, McNulty gave Callahan another negative performance evaluation, covering the period January 1, 2004 to December 31, 2004 (the “2005 Evaluation”). After receiving the 2005 Evaluation, dur[122]*122ing which McNulty told Callahan not to provide any information from her database to any administrator, Callahan became distraught. In describing this period of time, Callahan states she thought she “was having a nervous breakdown.” Despite her increased anxiety and depression, Callahan continued to work until May 28, 2005, at which point she requested and was granted Family Medical Leave for the period May 28, 2005 through September 2005. She retired with superannuation retirement benefits effective October 1, 2005.

Standard of Review

The scope of review of an agency’s decision is defined by G.L.c. 30A, §14. Howard Johnson Co. v. Alcoholic Beverages Control Comm’n, 24 Mass.App.Ct. 487, 490 (1987). Pursuant to G.L.c. 30A, §14, the court may affirm, remand, set aside or modify an agency’s decision if it determines that the substantial rights of any party may have been prejudiced because the agency’s decision is: (1) based upon an error of law; (2) unsupported by substantial evidence; (3) unwarranted by facts found by the court on the record submitted; or (4) arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with the law. G.L.c. 30A, §14(7).

The party appealing an administrative decision bears the burden of demonstrating the decision’s invalidity. Merisme v. Board of Appeals on Motor Vehicle Liab. Policies and Bonds, 27 Mass.App.Ct. 470, 474 (1989). In reviewing the agency’s decision, the court is required to give due weight to the agency’s experience, technical competence, specialized knowledge, and the discretionary authority conferred upon it by statute. Flint v. Commissioner of Pub. Welfare, 412 Mass. 416, 420 (1992).

The reviewing court may not substitute its judgment for that of the agency. Southern Worcester County Reg’l Vocational Sch. Dist. v. Labor Relations Comm’n, 386 Mass. 414, 420-21 (1982).

“The retirement law is notoriously complex, and in construing the effect of the provision in question, the court would hope to have the benefit of the experience of the appeal board. Courts look for and will normally accord great weight to an administrative agency’s interpretation — particularly if long standing — of the law which the agency is charged to administer." Namay v. Contributory Ret. Appeal Bd., 19 Mass.App.Ct. 456, 463 (1985), cited with approval, Fender v. Contributory Ret. Appeal Bd., 72 Mass.App.Ct. 755, 765 (2008), and Fairbairn v. Contributory Ret. Appeal Bd., 54 Mass.App.Ct. 353, 357 (2002).

“Substantial evidence” means such evidence as a reasonable mind might accept as adequate to support a conclusion. G.L.c. 30A, §1(6). When applying the substantial evidence standard, the Court considers the record as a whole. The Black Rose, Inc. v. City of Boston, 433 Mass. 501, 503 (2001). “(T]he substantial evidence test accords an appropriate degree of judicial deference to administrative decisions, ensuring that an agency’s judgment on questions of fact will enjoy the benefit of the doubt in close cases, but requiring reversal by a reviewing court if the cumulative weight of the evidence tends substantially toward opposite inferences.” Cobble v. Comm’r of the Dept. of Social Services,

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Bluebook (online)
26 Mass. L. Rptr. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callahan-v-commonwealth-of-massachusetts-contributory-retirement-appeal-masssuperct-2009.