SHELKOFSKY v. DIVISION OF RETIREMENT

No. 1D05-3254.

932 So.2d 505 (2006)

Morris SHELKOFSKY, Appellant, v. DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, First District.

June 20, 2006.


Attorney(s) appearing for the Case

Morris Shelkofsky, pro se, Appellant.

Robert B. Button, Assistant General Counsel, Department of Management Services, Tallahassee, for Appellee.


PER CURIAM.

Morris Shelkofsky appeals from an order of the State Retirement Commission dismissing with prejudice his reapplication for in-line-of-duty disability benefits as barred by res judicata. Because the doctrine of res judicata does not operate to bar all of the claims raised by the appellant, we reverse.

On September 30, 2003, the appellant reapplied for in-line-of-duty disability benefits based upon "new medical evidence" that was not...

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