CALDWELL v. DIV. OF RET., FLA. DEPT. OF AD.

No. DD-399.

344 So.2d 923 (1977)

Billie E. CALDWELL, Petitioner, v. DIVISION OF RETIREMENT, Florida DEPARTMENT OF ADMINISTRATION, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied May 11, 1977.


Attorney(s) appearing for the Case

M. Stephen Turner of Thompson, Wadsworth, Messer, Turner & Rhodes, Tallahassee, for petitioner.

Stephen W. Metz, Tallahassee, for respondent.


MILLS, Judge.

Caldwell seeks review of an order of the State Retirement Commission (Commission) denying Caldwell's claim for in line of duty disability benefits, costs and attorney's fees. Caldwell contends the Commission erred in the following respects:

1. by refusing to apply the presumption of in line of duty set forth in Section 112.18(1), Florida Statutes (1975),

2. by applying an incorrect causation standard for in line of duty disability,

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