Legal Opinion

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

District of Columbia Court of Appeals

Decided April 28, 1983No. 81-1008PublishedCited by 16 opinions

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…

2Cases cited6 opinions

  1. Brown v. General Services AdministrationSupreme Court of the United States · 1976
  2. Great American Federal Savings & Loan Ass'n v. NovotnySupreme Court of the United States · 1979
  3. Dietrich v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1974
  4. DeLevay v. District of Columbia Rental Accommodations CommissionDistrict of Columbia Court of Appeals · 1980
  5. John D. Neumann Properties, Inc. v. District of Columbia, Board of Appeals & ReviewDistrict of Columbia Court of Appeals · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Hughes v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1985
  2. Price v. Boone County Ambulance AuthorityWest Virginia Supreme Court · 1985
  3. Nolting v. National Capital Group, Inc.District of Columbia Court of Appeals · 1993
  4. Hicks v. Association of American Medical CollegesDistrict Court, District of Columbia · 2007
  5. Rhema Christian Center v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1986

11 more not listed; retrieve them via the Exa API.

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