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STATE v. HISSOM

No. BC-493.

476 So.2d 244 (1985)

STATE of Florida, DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, Appellant, v. Herbert S. HISSOM, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 31, 1985.

Attorney(s) appearing for the Case

Stanley M. Danek, Tallahassee, for appellant.

No appearance for appellee.

SMITH, Judge.

In the proceedings brought below by the Division of Retirement (Division) to terminate Hissom's entitlement to disability retirement benefits, Section 121.091(4)(e), Florida Statutes (1981), the State Retirement Commission (Commission) determined that the Division has the burden of proving that a retiree has regained the ability to render "useful and efficient service" in a "regularly established position" within the Florida Retirement System, and not...

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