Unrelated conditions do not overcome heart law presumption

In Shailor v. Bristol County Retirement Board, Richard Shailor, a police officer, applied for accidental disability retirement benefits under the Massachusetts’ heart law, G.L. c. 32, § 94.  The Bristol County Retirement Board denied the application and Mr. Shailor appealed to the Division of Administrative Law Appeals (DALA).

Mr. Shailor began his career as a part-time police officer in Rowley in 1992, later serving full-time in Rehoboth.  During pre-employment medical screenings in 1995 and 1997, there were no signs of heart disease or hypertension. In 1998, an examination revealed a congenital bicuspid aortic valve, but this condition did not disqualify him from duty.  In September 2020, after a stressful incident, Mr. Shailor experienced severe heart palpitations and was hospitalized with high blood pressure. He was later diagnosed with heart disease and severe hypertension, conditions that left him permanently disabled.

The heart law presumes that public safety employees who develop heart conditions or hypertension are disabled due to their work, provided no such condition was detected during their pre-employment physical.  The Bristol County Retirement Board denied Shailor's application, deciding that his 1998 diagnosis of a bicuspid aortic valve constituted evidence of heart disease, which disqualified him from the heart law’s presumption.  A medical panel confirmed Shailor’s permanent disability and concluded that his hypertension, not the valve condition, was the cause. The panel noted that a congenital valve defect does not lead to hypertension.

The magistrate held that the heart law’s presumption applies unless pre-employment physical reveals evidence of the same condition that causes the disability. The magistrate found that Shailor’s valve defect was unrelated to his hypertension, meaning his pre-employment exams did not disqualify him from the presumption that his condition was work-related.  DALA reversed the board’s decision and ruled that Mr. Shailor is entitled to accidental disability retirement under the heart law.