Leal v. Contributory Retirement

In State Retirement Bd. v. Contributory Retirement Appeal Bd., 12 Mass. App. Ct. 306 (1981) (we shall refer to that opinion as the Olson case),1 we held that a governmental employee who is a “member in service” at the time of an on-the-job injury may apply for accidental disability benefits under G. L. c. 32, § 7, notwithstanding that the employee had previously applied for and had received superannuation retirement benefits under G. L. c. 32, § 5.

The Contributory Retirement Appeal Board (CRAB), in the case now before us, decided that if an employee makes an initial application for § 5…