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O'MEARA v. DEPT. OF MANAGEMENT SERVICES

No. 1D15-2139.

189 So.3d 308 (2016)

James M. O'MEARA, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, Division of Retirement, Appellee.

District Court of Appeal of Florida, First District.

April 14, 2016.

Attorney(s) appearing for the Case

Ronald G. Stowers and Mark S. Levine of Levine & Stivers LLC, Tallahassee, for Appellant.

Thomas E. Wright , Department of Management Services, for Appellee.

Former teacher James O'Meara challenges a final order of the State Retirement Commission denying his application for in-line-of-duty retirement disability benefits under § 121.091(4)(a), Florida Statutes. We reverse because the Commission did not apply the appropriate legal test.

Background

Mr. O'Meara worked as...

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