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IN RE HILDEBRANDT

No. A04-2127.

701 N.W.2d 293 (2005)

In the Matter of the Application of Carol HILDEBRANDT for Duty-Related Correctional Plan Disability Benefits.

Court of Appeals of Minnesota.

August 9, 2005.

Attorney(s) appearing for the Case

Joseph T. O'Neill, O'Neill, Grills & O'Neill, P.L.L.P., St. Paul, MN, for relator Carol Hildebrandt.

Mike Hatch, Attorney General, Rory H. Foley, Assistant Attorney General, St. Paul, MN, for respondent PERA.

Considered and decided by WRIGHT, Presiding Judge; TOUSSAINT, Chief Judge; and PETERSON, Judge.

OPINION

TOUSSAINT, Chief Judge.

Relator Carol Hildebrandt challenges the decision of respondent the Public Employee's Retirement Association (PERA) denying her duty-related disability benefits. She argues the PERA board erred in interpreting the phrase "act of duty" in Minn.Stat. § 353E.06 (2004) to mean that the disability must arise from an inherent danger associated with her job. She also argues that because all four doctors who examined her concluded...

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