Legal Opinion

Oller v. Division of Retirement

District Court of Appeal of Florida

Decided June 11, 1982No. AG-92PublishedCited by 3 opinions

1Opinion of the Court

MILLS, Judge.

Oiler appeals an order of the State Retirement Commission finding that he is no longer totally and permanently disabled. We affirm.

The Commission found by a preponderance of the evidence that Oiler is capable of “rendering useful and efficient service as an officer or employee” and thus not totally and permanently disabled, Section 121.-091(4)(b), Florida Statutes (1981). This finding is supported by competent substan*802tial evidence. Amico v. Division of Retirement, 352 So.2d 556 (Fla. 1st DCA 1977).

Section 121.091(4)(b) does not provide total disability retirement for an officer…

2Cases cited2 opinions

  1. Amico v. DIVISION OF RETIREMENT, ETC.District Court of Appeal of Florida · 1977
  2. Shepard v. Department of Administration, Division of RetirementDistrict Court of Appeal of Florida · 1978

3Cited by3 opinions

  1. Mauldin v. State, Department of Administration, Division of RetirementDistrict Court of Appeal of Florida · 1985
  2. Johnson v. Department of Management ServicesDistrict Court of Appeal of Florida · 2009
  3. State, Department of Administration, Division of Retirement v. HissomDistrict Court of Appeal of Florida · 1985

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