Otero v. State Retirement Commission

GOSHORN, Judge.

Maria Otero appeals from the final order of the State Retirement Commission affirming the State Retirement Director’s denial of her application for total and permanent disability and in-line-of-duty disability benefits. Because the Commission used an incorrect standard to judge Otero’s claim and because the numerous factual errors in the Commission’s order invalidate its conclusion, we reverse and remand for a new hearing.

Otero was an elementary school teacher in Dade County. In 1990, she was offered the only vacant position, a teaching position in a class where students had…