ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me upon the Motion of the Petitioner, by and with the consent of
Respondent. The parties were scheduled to appear before the court on February 10, 2004, for a
hearing on Petitioner’s Request for a Contested Case Hearing. Pursuant to Scheduling Order dated
November 12, 2003, the parties were provided an opportunity to exchange additional evidence prior
to ten days before the scheduled hearing. Accordingly, Petitioner submitted on January 29, 2004,
new evidence consisting of updated medical records and diagnostic testing. The new evidence
confirmed that Petitioner had recently been diagnosed with microvascular disease. This diagnosis was
consistent with Petitioner’s symptoms of numbness, fatigue and dizziness. Respondent submitted this
new evidence to its vocational expert, Joel D. Leonard, who determined that his denial
recommendation was no longer valid. Therefore, Respondent has made the decision to award
Petitioner the disability retirement benefits at issue in this action, and as both parties have agreed, it
is therefore,
ORDERED, ADJUDGED AND DECREED that this action is dismissed pursuant to
Petitioner being awarded the disability retirement benefits for which the action was filed.
AND, IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
I so move:I consent:
________________________________________________________________
Chad L. BaconStephen R. Van Camp
February 12, 2004 |
