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McKNEELY v. CONSOL. PUBLIC RETIREMENT BD.

No. 35471.

703 S.E.2d 524 (2010)

Donna McKNEELY, Petitioner Below, Appellant v. WEST VIRGINIA CONSOLIDATED PUBLIC RETIREMENT BOARD, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 28, 2010.

Attorney(s) appearing for the Case

Marvin W. Masters , Kelly L. Elswick-Hall , The Masters Law Firm, Charleston, WV, for Appellant.

J. Jeaneen Legato , WV Consolidated Public, Retirement Board, Charleston, WV, for Appellee.

PER CURIAM:

In this appeal, Appellant Donna McKneely seeks reversal of an order entered July 31, 2009, in the Circuit Court of Kanawha County, which affirmed a final decision of the West Virginia Consolidated Public Retirement Board ("Board"), denying her so-called "duty-related" partial disability retirement benefits under W.Va.Code § 15-2-29 (2000)(Repl.Vol.2004). Instead, the Board awarded Appellant "non-duty" disability retirement benefits pursuant to W.Va...

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