McKneely v. West Virginia Consolidated Public Retirement Board

In this appeal, Appellant Donna McKneely seeks reversal of an order entered July 31, 2009, in the Circuit Court of Kanawha County, which affirmed a final decision of the West Virginia Consolidated Public Retirement Board (“Board”), denying her so-called “duty-related” partial disability retirement benefits under W.Va.Code § 15-2-29 (2000)(Repl.Vol.2004). Instead, the Board awarded Appellant “non-duty” disability retirement benefits pursuant to W.Va.Code § 15-2-30 (1994)(Repl. Vol.2004). Our task is to determine whether Appellant is entitled to a partial disability retirement benefits award…