Lochiatto v. Retirement Board

The retirement board of Newton (board) appeals from a judgment of the Superior Court which, in effect, declares that the plaintiff, a veteran, is eligible for retirement benefits under G. L. c. 32, §§ 56-58. We reverse.

We take our facts from the findings of the judge. Lochiatto, a veteran, worked for the city of Newton shoveling snow for a few days in 1932, 1933 and 1934. He also worked for the city for six weeks in 1954. Beginning in May, 1955, he was employed continuously by the city as a laborer until he became disabled in 1979. He then began receiving workers’ compensation benefits.

In…