Crystal v. State, Department of Management Services, Division of Retirement

BROWNING, JR., EDWIN B., Senior Judge.

Appellant seeks review of an order from the State Retirement Commission (“Commission”) that denied his claim for disability retirement. Appellant claimed that his total and permanent disability due to hypertension was presumed to be by accident suffered in-line-of-duty under section 112.18(1), Florida Statutes (2006). Because the Commission applied the incorrect standard specified in section 121.0515, Florida Statutes (2006), rather than section 943.10(2), Florida Statutes (2006), we agree and reverse the Commission’s order.

Facts and Procedural Background

A…