STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OBIE HADDEN, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1054

)

STATE OF FLORIDA, ) DEPARTMENT OF ADMINISTRATION, ) DIVISION OF RETIREMENT, )

)

Respondent. )

)

RECOMMENDED ORDER

A public hearing was held in the above styled cause pursuant to notice in the First Floor Conference room, City Hall, corner of Massachusetts and Orange Streets, Lakeland Florida, at 2:00 p.m. on August 28, 1975, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

Obie Hadden had been employed by Polk County as an automotive mechanic and a member of the Florida Retirement System. Hadden had become ill and thereafter applied to the Division of Retirement for regular disability retirement. The Division of Retirement disapproved Hadden's application and, having been advised by the Division of Retirement of his right to a formal hearing pursuant to Section 120.57, F.S., Hadden petitioned for a formal hearing.

APPEARANCES

For Petitioner: Randall G. McDonald Witness: Obie Hadden

For Respondent: L. Keith Pafford

ISSUE

Prior to the hearing a short pre-hearing conference was held. It was stipulated to by the parties that Hadden was a member of the Florida Retirement System, had over 17 years of creditable service, and that Hadden could no longer perform the duties of an automotive mechanic because of his physical limitations. Hadden had applied for regular disability retirement benefits.

The Division controverted Hadden's eligibility for such benefits on the basis that while Hadden could not perform the duties of an automotive mechanic that his physical condition did not prevent him from rendering useful and efficient service to the State in some other capacity calling for less strenuous activity.

FINDINGS OF FACT

1. Hadden is a white male, 51 years old, who worked as an automotive mechanic for Polk County for over 17 years. Hadden had had no formal schooling

   and can read and write very little. From Hadden's testimony and observations at the hearing regarding Identification of documents, it was apparent Hadden is functionally illiterate.

   
   

2. Evidence was received that the former employer had indicated that there were no positions available for which Hadden was qualified.

   
   

3. Hadden testified that he did do yard work at his home, mowing the lawn with a riding mower and weeding flower beds. However, Hadden indicated that if he became hot he would suffer pains in his chest and have to take his medication and lay down and rest for several hours. It appeared that even light physical work was beyond his capacity to perform on a regular continuing basis.

   
   

4. Doctors' reports supporting Hadden's retirement application indicate that Hadden's physical condition will not improve and will probably worsen. Doctors restrict his activity to "mild" activity which is not strenuous or continuous. This would be consistent with Hadden's testimony regarding yard work. It should be noted that medical reports indicate that Hadden's heart condition is complicated by a nervous condition which restricts his ability to perform tedious manual work.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 121.091(4)(b), F.S., states concerning disability retirement as follows:

   
   

   "A member shall be totally and permanently disabled if... he is prevented, by reason of a medically determinable physical or mental impairment,from rendering useful and

   efficient service as an officer or employee".

   
   

6. The facts above sustain the position of the applicant, Hadden, that he cannot perform strenuous activity because of his heart condition, and cannot perform tedious work because of his nervous condition.

   
   

7. The Division of Retirement would urge that the schooling and educational background of an applicant as immaterial to the issues presented; however, if the Division's basis for controverting Hadden's application is his ability to render useful and efficient service, it would appear that his educational background is relevant to such a determination. Because of his lack of formal education and inability to read or write I find that Hadden could not render useful and efficient service in any position requiring such abilities.

   
   

8. In light of Hadden's physical and educational limitations, I find that Hadden cannot render useful and efficient service as an officer or employee.

RECOMMENDED ORDER

Based upon the foregoing findings regarding the facts and the law, I recommend Obie Hadden receive disability retirement benefits.

DONE and ORDERED this 3rd day of September, 1975.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

L. Keith Pafford, Counsel for Division of Retirement Randall G. McDonald, Counsel for Petitioner

Obie Hadden, Petitioner

Honorable Robert L. Kennedy, Jr., Director, Division of Retirement

Docket for Case No: 75-001054

Orders for Case No: 75-001054