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 August 31, 2005, for a hearing on Petitioner’s Request for a Contested Case Hearing.
The issues in this case are whether Petitioner is mentally or physically incapacitated from performing her previous job as a court reporter, whether those incapacities are likely to be permanent, and whether Petitioner should be retired. See S.C. Code Ann. § 9-1-1540 (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 May 3, 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, exchanged additional materials, and conducted a deposition of Petitioner’s treating physician. Based on the additional evidence received during discovery, the Vocational Consultant has determined that the issues are 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 Kelli L. Sullivan, 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 August 31, 2005, is cancelled.
IT IS SO ORDERED.
_______________________________
Honorable Ralph K. Anderson, III
Administrative Law Judge
September 28, 2005
Columbia, South Carolina |
