Viele v. Division of Retirement

Because appellant, Richard Viele, presented uncontradicted medical evidence which established that his psychological illness was related to his work, I dissent from the majority opinion affirming the State Retirement Commission’s denial of benefits, and would instead reverse and remand the case with directions that Viele be granted disability retirement benefits.

Viele was employed as a correctional officer by the Suwanee County Sheriffs Department for approximately ten years; thus, he was eligible for retirement benefits if his disability arose in the fine of duty. § 121.-091(4)(a), Fla.Stat.…