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DARBONNE v. LA. STATE POLICE RETIREMENT BD.

No. 14515.

408 So.2d 452 (1981)

Lee R. DARBONNE v. LOUISIANA STATE POLICE RETIREMENT BOARD.

Court of Appeal of Louisiana, First Circuit.

December 22, 1981.

Attorney(s) appearing for the Case

James T. Genovese, Opelousas, for plaintiff-appellant Lee R. Darbonne.

William J. Guste, Jr., Atty. Gen., William C. Toadvin, Staff Atty., Baton Rouge, for defendant-appellee La. State Police Retirement Bd.

Before CHIASSON, EDWARDS and LEAR, JJ.

EDWARDS, Judge.

This case presents the question of whether the disability of Lee R. Darbonne, a state police officer, is the result of an "injury received in the line of duty" under LSA-R.S. 40:1428(B)(2) or a "continued illness" under LSA-R.S. 40:1428(B)(3). Application of (B)(3) will result in retirement benefits fixed at 50% of average salary whereas (B)(2) provides benefits of 75% of average salary. The State Police Retirement Board and the district court both...

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