§ 41.26.135 — Cessation of disability—Determination.

Washington § 41.26.135

• Jurisdiction: Washington
• Title 41: PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
• Ch. 41.26: LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' RETIREMENT SYSTEM

Text

(1) A disabled member who believes that his or her disability has ceased in accordance with RCW 41.26.130 (3) may make application to the disability board which originally found the member to be disabled, for a determination that the disability has ceased.

(2) Every order of a disability board determining that a member's disability has ceased pursuant to RCW 41.26.130 (3) shall forthwith be reviewed by the director. The director may affirm the decision of the disability board or remand the case for further proceedings if the director finds the disability board's findings, inferences, conclusions, or decisions are:

(a) In violation of constitutional provisions; or

(b) In excess of the statutory authority or jurisdiction of the disability board; or

(c) Made upon unlawful procedure; or

(d) Affected by other error of law; or

(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or

(f) Arbitrary or capricious.

(3) Determinations of whether a disability has ceased under RCW 41.26.130 (3) and this section shall be made in accordance with the same procedures and standards governing other cancellations of disability retirement.

Legislative History

[1985 c 103 s 1.]