SC Administrative Law Court Decisions

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 December 7, 2006, for a hearing on Petitioner’s Request for a Contested Case Hearing.

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 Probation and Parole Agent, 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 April 24, 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 Charles W. Van Meter, Jr., 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 December 7, 2006, is cancelled.

IT IS SO ORDERED.

_______________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge

December 4, 2006

Columbia, South Carolina