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BREEN v. DC POLICE FIREFIGHTERS RET. BD.

No. 97-AA-272.

731 A.2d 843 (1999)

James E. BREEN, Petitioner, v. DISTRICT OF COLUMBIA POLICE AND FIREFIGHTERS RETIREMENT AND RELIEF BOARD, Respondent.

District of Columbia Court of Appeals.

Decided May 25, 1999.

As Amended on Rehearing August 4, 1999.

Attorney(s) appearing for the Case

Frederic W. Schwartz, Jr., with whom James Taglieri, Washington, DC, was on the brief, for petitioner.

Sheila Kaplan, Assistant Corporation Counsel, with whom Jo Anne Robinson, Principal Deputy Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief, for respondent.

Before TERRY and SCHWELB, Associate Judges and KERN, Senior Judge.

PER CURIAM:

The District of Columbia Police and Firefighters Retirement and Relief Board ("Board") awarded petitioner an annuity for a job-related injury that resulted in a partial disability. In determining petitioner's annuity, the Board considered the average salary of positions the petitioner had the capacity to occupy after his disability. Petitioner appeals the determined annuity, contending that the Board's finding...

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