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SANDULA v. POLICE & FIREFIGHTERS'

No. 07-AA-622.

979 A.2d 32 (2009)

Darla SANDULA, Petitioner, v. DISTRICT OF COLUMBIA POLICE & FIREFIGHTERS' RETIREMENT & RELIEF BOARD, Respondent.

District of Columbia Court of Appeals.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Marc L. Wilhite, with whom James W. Pressler, was on the brief, Washington, for petitioner.

Richard S. Love, Senior Assistant Attorney General, with whom Peter J. Nickles, Interim Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, were on the brief for respondent.

Before KRAMER and FISHER, Associate Judges, and SCHWELB, Senior Judge.

KRAMER, Associate Judge:

Officer Darla Sandula was appointed to the Metropolitan Police Department on January 23, 2006. On January 11, 2007, the Police and Firefighters' Retirement and Relief Board ("Board") convened to consider disability retirement for Officer Sandula based on a diagnosis of asthma. The Board issued an order finding that Officer Sandula was "incapacitated from further duty by reason of a disability incurred other than in the performance of duty...

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