Moore v. State

BOOTH, Judge.

Appellant Moore appeals the State Retirement Commission’s order denying him “in line of duty” disability retirement benefits. Although we recognize the limited standard of judicial review, we reverse and remand with directions to grant the enhanced benefits.

Appellant, a 51 year old school teacher in Dade County, had accrued some seven years of service under the Florida Retirement System when in June of 1976 he was attacked by a student in his classroom. The student, just informed by Moore that he was going to fail his class, picked up a metal pipe and hit him one or more times…