Smith v. Police & Firemen's Retirement & Relief Board
District of Columbia Court of Appeals
1Opinion of the Court
NEWMAN, Chief Judge:
This case poses the question whether an employee who is able to perform light duty in his present grade, but is ineligible for promotion due to his work-related injury, is entitled to disability retirement under D.C. Code § 4-616(a) (1981). We conclude that he is not, and accordingly affirm the Retirement Board’s order denying disability retirement.
I
At present and at all times relevant to this case, petitioner has been a sergeant in the District of Columbia Fire Department. In 1976, while performing his duties, he fell from a fuel oil truck and suffered injuries. For two…
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