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

WEBSTER, Judge.

Appellant seeks review of a final order of the State Retirement Commission (Commission) which denied his request for inline-of-duty disability retirement benefits. Appellant argues that the record does not contain substantial competent evidence to support the Commission’s finding that his disability was primarily the result of heart disease, rather than an injury to his cervical spine arising out of and in the actual performance of his job. We agree and, accordingly, reverse.

Appellant had applied for either regular or in-line-of-duty disability retirement benefits. The Division…