CRYSTAL v. STATE, DEPT. OF MGT. SERVS.

No. 1D08-5333.

21 So.3d 134 (2009)

Robert H. CRYSTAL, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, First District.

November 5, 2009.


Attorney(s) appearing for the Case

Richard A. Sicking, Coral Gables, for Appellant.

Larry D. Scott, Assistant General Counsel, Tallahassee, for Appellee.


BROWNING, JR., EDWIN B., Senior Judge.

Appellant seeks review of an order from the State Retirement Commission ("Commission") that denied his claim for disability retirement. Appellant claimed that his total and permanent disability due to hypertension was presumed to be by accident suffered in-line-of-duty under section 112.18(1), Florida Statutes (2006). Because the Commission applied the incorrect standard specified in section 121.0515, Florida Statutes (2006)...

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