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 have reached a settlement in this case, thereby
resolving all issues and rendering moot the request for contested case hearing.
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. 2004). 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, 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
exchanged additional materials, including recent medical evidence. According
to the records received from Dr. Lawrence Bergman of Post Trauma Resources,
Mr. Sapp suffers from Post Traumatic Stress Disorder. Dr. Bergman specifically
indicated that Mr. Sapp is permanently unable to return to work as a
correctional officer.
Based
on the additional evidence received during discovery including the most recent
medical records from Dr. Lawrence Bergman of Post Trauma Resources, the
Vocational Consultant has determined that the issue of permanent incapacity is sufficiently
resolved. The Vocational Consultant issued a new recommendation to Director
Boykin to grant Petitioner’s application for disability retirement benefits.
Respondent, therefore, has made the determination to award the disability
retirement benefits at issue in this action.
NOW
THEREFORE, on motion of Jeffrey S. Holcombe, 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.
IT IS SO ORDERED.
_______________________________
Honorable
Marvin F. Kittrell
Chief
Administrative Law Judge
June 21, 2005
Columbia, South Carolina |
