Darbonne v. Louisiana State Police Retirement Board

EDWARDS, Judge.

This case presents the question of whether the disability of Lee R. Darbonne, a state police officer, is the result of an “injury received in the line of duty” under LSA-R.S. 40:1428(B)(2) or a “continued illness” under LSA-R.S. 40:1428(B)(3). Application of (B)(3) will result in retirement benefits fixed at 50% of average salary whereas (B)(2) provides benefits of 75% of average salary. The State Police Retirement Board and the district court both concluded that the retired officer’s disability was covered by the provisions of (B)(3). We affirm.

Appellant retired from his job…