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Legal Opinion

Appeal of Barry

Supreme Court of New Hampshire

Decided July 11, 1996No. 94-434PublishedCited by 4 opinions

1Opinion of the CourtThayer, J.

The petitioners, Kevin G. Barry and Marcel J. Gagnon, appeal pursuant to RSA chapter 541, see Laws 1973, 218:18, an order of the Board of Trustees of the City of Manchester Employees’ Contributory Retirement System (retirement board) offsetting the entirety of their workers’ compensation lump sum settlements against their disability pensions. We vacate and remand for a determination of the offset permissible in light of this opinion.

The facts are undisputed. The petitioners are former employees of the City of Manchester (city) who filed workers’ compensation claims based on work-related…

2Cases cited9 opinions

  1. Richardson v. BelcherSupreme Court of the United States · 1971
  2. Albert E. DAVIDSON, Plaintiff, Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant, AppellantCourt of Appeals for the First Circuit · 1991
  3. State v. HodgkissSupreme Court of New Hampshire · 1989
  4. D. W. Clark Road Equipment, Inc. v. Murray Walter, Inc.Supreme Court of New Hampshire · 1983
  5. Day v. New Hampshire Retirement SystemSupreme Court of New Hampshire · 1993

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3Cited by4 opinions

  1. Appeal of BarrySupreme Court of New Hampshire · 1997
  2. In re MorrillSupreme Court of New Hampshire · 2001
  3. Appeal of WalshSupreme Court of New Hampshire · 2007
  4. Appeal of BarrySupreme Court of New Hampshire · 1998

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