English v. Board of Selectmen
English v. Board of Selectmen
Opinion of the Court
In this action for a declaration of rights under G. L. c. 41, § 111F,
The facts which, basically, are not in dispute are taken from the judge’s findings
In April, 1977, the plaintiff was examined by a Dr. John McGillicuddy, an orthopedic surgeon designated by the board. After examining the plaintiff and reviewing the medical records he reported to the board on May 12, 1977, and concluded his report as follows:
“My Diagnosis: Deferred
Opinion: The N. E. Baptist Hospital record was reviewed and revealed that the patient was treated and had a myelogram performed. This showed a defect at L4 on the left. The patient does not have any weakness. He has no atrophy and I find no evidence of a herniated disc or nerve root pressure. The diminished sensation doesn’t fit an anatomical distribution of nerves. I believe that this patient should be evaluated by a psychiatrist. I don’t believe that his disability is on an Orthopedic basis.”
The board contends that Dr. McGillicuddy’s report terminated the plaintiff’s rights under § 11 IF. It argues that the plaintiff established that he was suffering from an orthopedic condition and that oh May 12, 1977, a physician designated by the board determined that such condition no longer existed. The board urges that the trial judge was in error in ruling that the board had to address a second medical condition, a psychiatric condition, which had never been established. We reject the board’s contention.
The statutory language is broader than the board suggests. Chapter 41, § 111F,
The back pain, not the diagnosis, is what incapacitates the plaintiff. Even if his back pain was physical in origin, and may now only have a psychiatric basis, he remains incapacitated and entitled to the benefits of G. L. c. 41, § 111F, until the happening of one of the contingencies there provided. Just as “the statutory benefits should extend to service-related incapacities which appear subsequent to the date of the original injury”, Jones v. Wayland, supra at 258, the benefits should likewise extend to the same service-related incapacity which, although physical in etiology, subsequently continues because of psychological components.
The statute does not exclude physical incapacity due to mental disorders. Injury includes “mental and nervous disorders arising out of employment where such injuries are the result of physical trauma,” and also includes “physical and organic disorders resulting from mental trauma... where there is a causal relationship between the mental trauma, the physical or organic injury and ... the employment. . . .” Fitzgibbons's Case, 374 Mass. 633, 637 (1978) . See also Albanese's Case, 378 Mass. 14, 14-15 (1979) . The trial judge was therefore correct in declaring that until a designated physician determines that the plaintiff is no longer incapacitated because of a service connected injury, the plaintiff is entitled to benefits.
Judgment affirmed.
Only the first paragraph of G. L. c. 41, § 111F, is involved in this litigation and such paragraph as appearing in St. 1964, c. 149, reads in relevant part as follows: “Whenever a... fire fighter of a... town... is incapacitated for duty because of injury sustained in the performance of his duty without fault of his own ... he shall be granted leave without loss of pay for the period of such incapacity; provided that no such leave shall be granted for any period after such... fire fighter has been retired or pensioned in accordance with law or for any period after a physician designated by the board or officer authorized to appoint... fire fighters in such... town... determines that such incapacity no longer exists____”
The judge’s findings were based upon subsidiary facts reported by a master and upon additional evidence presented. The master’s report does not appear to have been adopted.
See note 1.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.