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 September 6 , 2006, 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 Family Literacy Coach for
Clarendon School District Two, whether those incapacities are likely to be
permanent, and whether Petitioner should be retired. See S.C. Code Ann.
§ 9-1-1540 (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 March 29, 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 Nelson R. Parker, 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 September 6, 2006, is cancelled.
IT IS SO ORDERED.
_______________________________
Honorable
John D. McLeod
Administrative
Law Judge
August 3, 2006
Columbia, South Carolina |
