ORDERS:
CONSENT ORDER OF DISMISSAL
This
matter is before me upon Motion of the Petitioner, by and with the consent of
the Respondent. The parties are scheduled to appear before this court on
November 17, 2005, for a hearing on the 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 Program Assistant for the
Department of Corrections, 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 on the basis of permanence. Petitioner filed a
Request for a Contested Case Hearing on March 10, 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 and exchanged additional materials, including
recent medical evidence. Based on the additional evidence received during
discovery, the Vocational Consultant has determined that the issue of
permanence 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 Glenn E. Bowens, 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 17, 2005 is cancelled.
IT
IS SO ORDERED.
________________________________
Honorable
Marvin F. Kittrell
Chief
Administrative Law Judge
November 23, 2005
Columbia, South Carolina |
