Legal Opinion

James M. O'Meara v. State of Florida, Department of etc.

District Court of Appeal of Florida

Decided April 14, 2016No. 1D15-2139Published

1Per curiam

Former teacher James O’Meara challenges a final order of the State Retirement Commission denying his application for in-line-of-duty retirement disability benefits under § 121.091(4)(a), Florida Statutes. We reverse because the Commission did not apply the appropriate legal test.

Background

Mr. O’Meara worked as a teacher at Buffalo Creek Middle School for more than seven years before retiring .due to illnesses that left him disabled. Upon retiring, he applied to the Division of Retirement for in-line-of-duty disability retirement benefits because he attributed his disability to a workplace…

2Cases cited2 opinions

  1. Pridgeon v. STATE DIV. OF RETIREMENTDistrict Court of Appeal of Florida · 1995
  2. Dixon v. DEPT. OF ADMIN. DIV. OF RETIREMENTDistrict Court of Appeal of Florida · 1985

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