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 parties are scheduled to appear before this court on November 14, 2006, for a hearing on Petitioner’s Request for a Contested Case Hearing. 
  The
    issue in this case is whether Petitioner is entitled to disability retirement
    benefits pursuant to S.C. Code Ann. § 9-1-1540 (1986 & Supp. 2005).  To decide this issue, the Court must determine: (1) whether Ms. Johnson is mentally
    or physically incapacitated from the further performance of her job as a Secretary
    for Chesterfield County Department of Education; (2) whether the incapacity is
    likely to be permanent; and (3) whether Ms. Johnson should be retired.  S.C.
    Code Ann. § 9-1-1540 (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 April 20, 2006, 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 Stephen J. Wukela, attorney for 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 and
    the hearing scheduled for November 14, 2006, is cancelled. 
              IT IS SO ORDERED. 
                                                                          _______________________________ 
                                                                          Honorable
    Carolyn C. Matthews 
                                                                          Administrative
    Law Judge 
  November 1, 2006 
  Columbia, South Carolina 
  
    
      I SO MOVE: 
        ________________________________ 
        Stephen J. Wukela 
        Attorney for Petitioner  | 
      I CONSENT: 
        ________________________________ 
        Kelly H. Rainsford 
        Attorney for Respondent  | 
     
   
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