Board ofRegistrationinMedicine, 420 Mass. 154, 165 (1995). Total and permanent disability is intended to mean total and permanent disability to earn wages. Frenniers Case, 318 Mass. 635 (1945).
Board ofRegistration inMedicine, 437 Mass. at 138; Lisbon v. Contributory Retirement Appeal Bd., 41 Mass. App. Ct. 246, 257 (1996). Under the substantial evidence test, an agencys conclusion will fail judicial scrutiny only if the evidence points to no appreciable probability of the conclusion or points to ah overwhelming probability of the contrary. Cobble v. Commissioner of the Dept. of Soc. Serv., 430 Mass. 385, 390-391 (1999).
Herridge v, Board ofRegistrationinMedicine, 420 Mass. 154, 165 (1995). Here, the Commission finds that the testimony of all witnesses to be highly credible. Ms.
Board ofRegistrationinMedicine, 904 F.2d 772, 773 (1990). See also 930 C.M.R. 1.01(5) (an adjudicatory proceeding shall be initiated by the filing by the State Ethics Commission of an Order to Show Cause setting forth the grounds for such action). Here, the Board was presented with a draft order and counsel's recommendation. The Board then made a decision as to the specific violations to include in the final order.
Herridge v, Board ofRegistrationinMedicine, 420 Mass. 154, 165 (1995). Here, while the Commission assigns credibility to the testimony of the Appellant, ironically such a finding does not support a determination in favor of the Appellant. Specifically, the Appellant testified credibly when he admitted that at all times prior to testifying before the Commission, he had been untruthful when questioned about ownership of the magazine.
Board ofRegistrationInMedicine, 407 Mass. 140, 146 n.4 (1990) (revocation of a physician's license is considered to be remedial). Essential to the policing profession is maintenance of the public trust. There is a <7 public policy against requiring the reinstatement of police officers who have committed felonious misconduct because the criminal justice system depends upon the publics trust of the police. (2005). Boston v.
Herridge v, Board ofRegistrationinMedicine, 420 Mass. 154, 165 (1995). The Commission assigns little credibility to the Appellants testimony of the incidents in question. He was evasive in his answers and implied that his sergeant was the one at fault.
Herridge v, Board ofRegistrationinMedicine, 420 Mass. 154, 165 (1995). The Commission finds the testimony of all of the witnesses here to be highly credible. Captain Thompson credibly testified as to the background check he conducted of Appellant, and that his recommendation to bypass Appellant was based on objective factors, to wit: Appellants poor work evaluation, disciplinary record and displays of poor 9 judgment.
Herridge v, Board ofRegistrationinMedicine, 420 Mass. 154, 165 (1995). The Commission assigns little credibility to the testimony of the Appellant. Conversely, the testimony of Superintendent Pepe and Captain McGonagle was highly credible.