Opinion

Whitehurst v. Police & Firemen's Retirement & Relief Board

  • 418 A.2d 1028
  • 1980 D.C. App. LEXIS 344
Court
District of Columbia Court of Appeals
Filed
Jul 30, 1980
Status
Published
On the bench
Newman, Kern, Ferren
Cited by
4 cases
Authority
More cited than 79.9%

The opinion

PER CURIAM:

Petitioner challenges the sufficiency of the evidence to sustain respondents’ determination that he is not entitled to disability retirement. We affirm in part and remand for further proceedings.

The Board found that petitioner’s heart condition-a “Wolf-Parkinson-White Syndrome”-was not aggravated by the performance of duty. This conclusion is supported by the expert medical testimony before the Board. There being substantial support in the administrative record, we cannot disturb the Board’s findings.

The Board found that petitioner’s condition disqualified him from the full performance of duties to which he was last assigned and further found that there is insufficient evidence that there is a position within the Police Department that he is capable of performing (Findings 15 & 16 of Oct. 4, 1979 Order). This case was decided by the Board prior to our decision in Seabolt v. Police and Firemen’s Retirement and Relief Board, D.C.App., 413 A.2d 908 (1980). We agree with respondents that this case should be remanded to permit the Board to reconsider this issue in light of Seabolt .

So ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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