Leonard v. Department of Administration, Division of Retirement

District Court of Appeal of Florida

Leonard v. Department of Administration, Division of Retirement

352 So. 2d 1273, 1977 Fla. App. LEXIS 17159

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1977

DocketNo. FF-69

StatusPublished

This text of 352 So. 2d 1273 (Leonard v. Department of Administration, Division of Retirement) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Leonard v. Department of Administration, Division of Retirement, 352 So. 2d 1273, 1977 Fla. App. LEXIS 17159 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

The Commission’s order terminating Leonard’s disability benefits apparently relied upon Fla.Admin.Code Rule 22B-4.10G. However, given the statutory definition of “employer” in Section 121.021(10), Florida Statutes (Supp.1976), we do not find the rule applicable to one who is an employer in the private sector. The Retirement Commission must instead construe Section 121.-091(4)(b), defining total and permanent disability as it applies to petitioner. See also Amico v. Division of Retirement, Department of Administration et al., 352 So.2d 556 (Fla. 1st DCA 1977).

Finding there has been an erroneous interpretation of law, we remand for further action under a correct interpretation of law. Section 120.68(9)(b).

MILLS, Acting C. J., and SMITH and ERVIN, JJ., concur.

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PER CURIAM.

The Commission’s order terminating Leonard’s disability benefits apparently relied upon Fla.Admin.Code Rule 22B-4.10G. However, given the statutory definition of “employer” in Section 121.021(10), Florida Statutes (Supp.1976), we do not find the rule applicable to one who is an employer in the private sector. The Retirement Commission must instead construe Section 121.-091(4)(b), defining total and permanent disability as it applies to petitioner. See also Amico v. Division of Retirement, Department of Administration et al., 352 So.2d 556 (Fla. 1st DCA 1977).

Finding there has been an erroneous interpretation of law, we remand for further action under a correct interpretation of law. Section 120.68(9)(b).

MILLS, Acting C. J., and SMITH and ERVIN, JJ., concur.

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352 So. 2d 1273, 1977 Fla. App. LEXIS 17159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-department-of-administration-division-of-retirement-fladistctapp-1977.

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