ORDERS:
CONSENT ORDER OF DISMISSAL
This
matter is before me upon the Motion of the Petitioner, by and with the consent
of the Respondent. The issues in this case are whether Petitioner is mentally
or physically incapacitated from performing his previous job as a Correctional
Officer, whether those incapacities are likely to be permanent, and whether
Petitioner should be retired. See S.C. Code Ann. § 9-11-80(1) (1986 & Supp. 2005). Peggy G. Boykin, Director of Respondent, issued a Final Agency
Determination denying Petitioner’s application for disability retirement benefits.
Petitioner filed a Request for a Contested Case Hearing on November 21, 2005, seeking an Order from this Court overturning the Final Agency Determination and
granting Petitioner’s application for disability retirement benefits.
During
the time this case has been pending before this court, the parties have
participated in discovery. Based on the additional evidence received during
discovery, the Vocational Consultant has determined that the issues are
sufficiently resolved. Respondent, therefore, has made the determination to
award the disability retirement benefits at issue in this action with a
continuing disability review scheduled to be held three years from the date of
this order.
NOW
THEREFORE, on motion of Michael Ramey, Petitioner, and with the consent of
Kelly H. Rainsford, attorney for Respondent,
IT
IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above action is dismissed.
IT IS SO ORDERED.
_______________________________
Honorable
Ralph K. Anderson, III
Administrative
Law Judge
February 6 , 2006
Columbia, South Carolina |