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LARNER v. STATE, DEPT. OF MANAGEMENT SERVS.

No. 1D09-1517.

34 So.3d 179 (2010)

Mark LARNER, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, First District.

May 6, 2010.

Attorney(s) appearing for the Case

Richard W. Ervin, III of Fox & Loquasto, P.A., Tallahassee, and Byron E. Townsend of Stolberg & Townsend, Tampa, for Appellant.

Thomas E. Wright, Assistant General Counsel, Department of Management Services, for Appellee.

PER CURIAM.

Mark Larner appeals a final order of the State of Florida Retirement Commission denying his claim for in line of duty disability benefits under section 121.091(4)(a)1.a., Florida Statutes (2004). Because the Commission's findings of fact regarding causation are not supported by competent and substantial evidence, we reverse and remand for further proceedings.

While working as a correctional officer at the Hardee County Jail, Larner suffered an...

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