Guillory v. State Police Retirement Board

WATKINS, Judge.

This case presents the question of whether a state police officer whose heart condition was aggravated over a period of many years partly as a result of his employment in that office is entitled to disability retirement as one whose “injury” was sustained “in line of duty” under LSA-R.S. 40:1428(B)(2) or to disability retirement under LSA-R.S. 40:1428(B)(3) as one who is disabled as a result of a “continued illness”. The percentage of salary at which the disabled police officer is retired differs considerably, being 75% under (B)(2) and a floating percentage depending upon…