Rzepecki v. Police & Firemen's Retirement & Relief Board

The majority holds there is substantial evidence (based on expert medical testimony) to support the Board’s conclusion that although petitioner suffered “some limiting disability,” she is still able to perform “useful and efficient service in the grade or class of position last occupied by her as a member of the United States Park Police.” My colleagues do not indicate what this evidence is. I write separately to point out that there is no record evidence of any available light duty job which petitioner is physically capable of performing. I must concur in the result, however, for under the…