Retirement Bd. of Somerville v. Contributory Retirement Appeal Bd.

651 N.E.2d 1241 (Cite as: 38 Mass.App.Ct. 673, 651 N.E.2d 1241)

Appeals Court of Massachusetts, Suffolk.

RETIREMENT BOARD OF SOMERVILLE

v.

CONTRIBUTORY RETIREMENT APPEAL

BOARD & another. [FN1] FN1. Mary Grant.

No. 94-P-550.

March 22, 1995.

Decided June 28, 1995.

City retirement board appealed decision of Contributory Retirement Appeal Board (CRAB) that widow's husband had died as result of injury sustained while working for city, and that widow thus was eligible for accidental death benefits. The Superior Court Department, Suffolk County, E. Susan Garsh, J., affirmed. Retirement board appealed. The Appeals Court, Ireland, J., held that CRAB acted arbitrarily and capriciously in granting accidental death benefits to widow, even though substantial evidence supported its decision, where its final adjudication contradicted earlier interim determination made on same record, but cited no reason, nor made any subsidiary findings, explaining or supporting change.

Reversed and remanded with instructions.

John B. Manning, Boston (Leonard F. Zandrow with him) for Mary Grant.

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