Mauldin v. State, Department of Administration, Division of Retirement

BOOTH, Judge.

This cause is before us on appeal from a final order of the State Retirement Commission (Commission) denying appellant’s application for disability retirement benefits. The issue presented is whether the Commission erred in ruling that appellant is not totally permanently disabled. Section 121.091(4)(b), Florida Statutes.

The order of the Commission herein sought to be reviewed is, in pertinent part, as follows:

The Petitioner, James E. Mauldin, is a 44-year old male who has been employed by the Florida Department of Transportation for over 18 years. In June, 1978, while shoveling…