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 November 14, 2006, for a hearing on Petitioner’s Request for a Contested Case Hearing.
The
issue in this case is whether Petitioner is entitled to disability retirement
benefits pursuant to S.C. Code Ann. § 9-1-1540 (1986 & Supp. 2005). To decide this issue, the Court must determine: (1) whether Ms. Johnson is mentally
or physically incapacitated from the further performance of her job as a Secretary
for Chesterfield County Department of Education; (2) whether the incapacity is
likely to be permanent; and (3) whether Ms. Johnson should be retired. 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 April 20, 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 Stephen J. Wukela, 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 14, 2006, is cancelled.
IT IS SO ORDERED.
_______________________________
Honorable
Carolyn C. Matthews
Administrative
Law Judge
November 1, 2006
Columbia, South Carolina
I SO MOVE:
________________________________
Stephen J. Wukela
Attorney for Petitioner |
I CONSENT:
________________________________
Kelly H. Rainsford
Attorney for Respondent |
|
