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

I respectfully dissent because, on this record, binding precedent mandates reversal and remand to the Board.

I

This case concerns a firefighter who was injured in the line of duty and, as a result, was disabled from returning to a job that requires physical fitness to perform all assignable firefighting duties. I agree with my colleagues’ conclusion that a firefighter in this situation is not entitled to disability retirement under D.C.Code 1973, § 4-521(2) if there is available a permanent, lighter-duty job (which he or she is physically capable of performing) in the “grade or class of…