waltham Retirement Board’s Denial of Officer’s Disability Claim Upheld
Waltham, MA – November 21, 2025 – The Massachusetts Division of Administrative Law Appeals has affirmed the Waltham Retirement Board’s denial of accidental disability retirement benefits to a police officer suffering from a heart condition. Administrative Magistrate Tennen ruled that competent evidence demonstrated the officer did not develop the condition in the line of duty.
The case centered on the officer’s submission for accidental disability retirement under the state’s “Heart Law.” To qualify, the officer needed to prove five elements, including demonstrating that any hypertension or heart disease was not pre-existing and was, in fact, suffered while performing police duties.
While the officer met the initial requirements, the Retirement Board denied the claim, citing medical panel findings. The magistrate agreed, stating, “The Petitioner has the burden of proving every element of his disability claimโฆ Here, he must proveโฆ the presumption that hypertension or heart disease was suffered in the line of duty is not overcome by competent evidence.’ โฆ I find there is.”
A majority of medical panelists resolute the officer’s heart condition was congenital, not work-related. The magistrate emphasized that simply disagreeing with the panel’s assessment wasn’t enough to overturn the decision. “He needs to show some mistake in the process or some fact which the doctors missed,” the ruling stated. “He has not met that burden here.”
The decision in Duffey v. Waltham Retirement Board (Docket No. CR-24-0577, Lawyers Weekly No. 27-146-25) underscores the high standard of proof required for accidental disability retirement claims, particularly those involving heart conditions. Kevin Duffey represented himself pro se, while Christopher Collins represented the Waltham Retirement Board.
The full opinion is available for review at https://masslawyersweekly.com/files/2025/11/27-146-25.pdf.
