This matter is before me upon the Motion of the Petitioner, by and with the consent of
the Respondent. The parties were scheduled to appear before this court on February 9, 2005, for
a hearing on Petitioner’s Request for a Contested Case Hearing, which was filed on September
14, 2004. On January 13, 2005, Petitioner presented a new medical diagnosis of Fibromyalgia
during the deposition of Dr. Geneva L. Hill, a certified rheumatologist. Respondent presented
this new medical diagnosis to its vocational expert, Robert E. Brabham, Ph.D. In view of the
new diagnosis, resulting vocational limitations and incapacities, and the likelihood that those
incapacities will be permanent, Dr. Brabham determined his recommendation to Director Peggy
G. Boykin issued on August 19, 2004, denying disability retirement benefits to Petitioner, should
be reversed. Respondent, therefore, has made the determination to award the disability
retirement benefits at issue in this action.
NOW THEREFORE, on motion of Chad L. Bacon, 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 without
prejudice to either of the parties and without further hearing.
IT IS SO ORDERED this 15th day of February, 2005.
_______________________________
Honorable Ray N. Stevens
Administrative Law Judge
February 15, 2005
Columbia, South Carolina
