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LEONARD v. DEPT. OF ADMIN., DIV. OF RETIREMENT

No. FF-69.

352 So.2d 1273 (1977)

Arthur E. LEONARD, Jr., Petitioner, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, and State Retirement Commission, Respondent.

District Court of Appeal of Florida, First District.

December 22, 1977.

Attorney(s) appearing for the Case

Edward S. Jaffry, of Horne, Rhodes, Jaffry, Stephens, Bryant, Horne & Chapman, Tallahassee, for petitioner.

Stephen S. Mathues, Tallahassee, for respondent.

PER CURIAM.

The Commission's order terminating Leonard's disability benefits apparently relied upon Fla. Admin. Code Rule 22B-4.10G. However, given the statutory definition of "employer" in Section 121.021(10), Florida Statutes (Supp. 1976), we do not find the rule applicable to one who is an employer in the private sector. The Retirement Commission must instead construe Section 121.091(4)(b), defining total and permanent disability as it applies to petitioner. See...

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