Daley v. City of Little Rock

Under the applicable statute, § 24-1 l-819(a)(l), eligibility for a disability pension vests at the time of the employee’s injury and is not affected by his subsequent employment status at the time of his application for those benefits.

That statute provides:

Any fire fighter who becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee, as a result of personal injury or disease may be retired by the board upon written application filed by or on behalf of the member. . . .

The majority has relied on rules of statutory construction to find the…