Police Officer’s Disability Retirement Claim Denied

Fall River Police Officer Wayne Rosario was recently denied accidental disability retirement benefits because he failed to satisfy the two-year notice requirement established by G.L. c. 32, § 7(1). The Fall River Retirement Board denied Rosario’s Accidental Disability Retirement claim based on its determination that his claimed psychological injury did not occur within two years prior to his application, and he did not file any injury reports or incident reports about a psychological injury prior to the two-year notice period. The incidents relied on in Mr. Rosario’s application occurred well before the two-year period and only physical injuries were reported.

A hearing was held before the Division of Administrative Law Appeals in Boston, Massachusetts and that hearing resulted in a decision upholding the denial of benefits.

Rosario may have been able satisfy the two-year notice requirement if there is a record of a mental injury he sustained or a hazard undergone on file in the official records of his department. Such records are often injured-on-duty records for which G. L. c. 41, § 111F benefits are received, an employee-filed injury report or an employer-filed injury report sent to the local retirement board.

There were records of physical injuries sustained but not evidence of any mental injuries. Therefore, Rosario could only rely on psychological injuries arising within the 2-year period immediately preceding the filing of his ADR Application.

In rejecting his claim for an accidental disability retirement, the Magistrate hearing Rosario’s case ruled as follows: “his focus on past events and his animosity toward his fellow officers and supervisors as shown in his testimony and Mr. Rog’s records lead me to conclude that Mr. Rosario was dissatisfied with being a police officer and wanted to leave the FRPD. He did not want to accept a regular retirement pension, however, because it was ‘a joke. Failure to get along with coworkers and superiors is not so uncommon as to constitute an ‘identifiable condition.’”