McDonald v. Town Manager of Southbridge

The plaintiff, a retired firefighter in the town of Southbridge, brought this action seeking reinstatement in the town’s group health insurance plan. After a jury-waived trial, a judge of the Superior Court dismissed the complaint, ruling that under G. L. c. 32B, § 9, the plaintiff could not be covered by the plan because he had not been a plan participant at the time of his retirement. On conflicting evidence, the judge found that the plaintiff had not sustained his burden of showing that his request for reinstatement in the plan came before his retirement. We do not construe § 9 as…