Risk of Re-Injury in Massachusetts ADR Cases

You may qualify for an accidental disability retirement (ADR) if you are physically able to perform all of your essential duties, you may still be eligible for an ADR if returning to work would constitute an unreasonable risk of substantial harm to yourself or third parties, due to a risk of re-injury.

For example, where a PERAC Medical Panel ruled against an ADR applicant, a new medical panel was convened because the first panel failed to consider the risk of re-injury. The question for the new medical panel to answer is: in light of the applicant’s history of rotator cuff rupture, and in light of his essential job duties that require him to lift adult male clients, and restrain violent adult male clients, is he able to perform the essential duties of his job without a reasonable probability of substantial harm to himself or third parties?

In another case, a police officer who sustained a knee injury was entitled a to a new medical panel  to consider and evaluate a whether there was a risk of re-injury to the officer’s knee and, due to such risk,  whether he would be a danger to others while undertaking strenuous police work.

If there is a risk of re-injury, the applicants will be entitled to an accidental disability retirements.