CRAB Affirms Order for New Medical Panel in Poirier v. NBRB

The Massachusetts Contributory Retirement Appeal Board (CRAB) affirmed a Division of Administrative Law Appeals (DALA) decision requiring the New Bedford Retirement Board (NBRB) to convene a new medical panel in connection with an accidental disability retirement claim filed by the Estate of Paul Poirier.

Mr. Poirier, a school custodian, sustained injuries to his back and knee in 2012 after falling while closing a high classroom window, a task the DALA magistrate previously found to be part of his regular duties and performed in a reasonable manner. Although Mr. Poirier passed away before the first DALA decision issued, the NBRB proceeded with a medical panel review based only on partial records. The panel concluded that while Poirier was permanently disabled, his work injury was not the proximate cause of that disability.

On appeal, DALA determined that the medical panel’s review was flawed because: (1)

The panel did not receive all relevant medical records, as required by regulation; and (2) it applied an incorrect legal standard for determining causation, particularly regarding the aggravation of pre-existing conditions. The magistrate also noted factual inaccuracies and negative, unsupported remarks in the panel’s report that raised questions about its impartiality.

CRAB affirmed, holding that the magistrate’s decision to remand the case to a new medical panel was proper. The Board emphasized that under Massachusetts law, if a work-related event aggravates a pre-existing condition to the point of disability, the injury is compensable as an accidental disability without apportionment. The panel’s inconsistent and erroneous reasoning on causation warranted a new review.

The case underscores the importance of procedural fairness and careful application of the legal standards governing accidental disability retirements.