STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEROY JENKINS, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1702

)

DIVISION OF RETIREMENT, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in thee above-styled cause on April 15, 1976 in Room 358, State Office Building, 1350 N. W. 12th Street, Miami, Florida before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This matter arose upon the application of Leroy Jenkins for disability retirement filed with Department of Revenue. Jenkins was notified that his application would not be approved and of his right to request a formal hearing to determine his eligibility for disability retirement benefits. Jenkins requested a formal hearing and the motion was referred to the Division of Administrative Hearings to conduct the formal hearing pursuant to Section 120.57, F.S.

APPEARANCES

For Petitioner: Legal Services of Greater Miami, Inc.

Thomas Sherman, Intern

For Respondent: Stephen S. Mathues, Esquire

Assistant Division Attorney Division of Retirement

530 Carlton Building Tallahassee, Florida 32304

FINDINGS OF FACT

1. Leroy Jenkins was an employee of Dade County and a member of Florida Retirement System with 12.41 years of service credit.

   
   

2. Jenkins is 57 years old, married, and has two grown children living at home with he and his wife.

   
   

3. Jenkins completed the second grade and can read and write.

   
   

4. Jenkins' work experience is limited to heavy manual labor.

5. In August, 1974 Jenkins was determined to have diabetes millitus, a condition which increases the likelihood of cardiovascular disease and heart attacks.

   
   

6. On November 7, 1974 Jenkins suffered a myocardial infarction or heart attack. Subsequent to the initial attack, some blood clots which had formed blocked a cerebral blood vessel causing a cerebral vascular accident or stroke. This resulted in a pronounced speech impediment and tremors.

   
   

7. Because of his heart attack and subsequent stroke, Jenkins was hospitalized for 14 days. Since that time he has remained under the care of his physician for diabetes mellitis and angina pectoris, symptoms of which he subsequently developed.

   
   

8. Jenkins takes Diabinese, 250 mg., for his diabetes which is controlled at this time. Jenkins also takes nitroglycerin for his angina pains which he suffers when he is under physical or mental stress or anxiety.

   
   

9. Jenkins cannot perform any hard work and his physician would limit him to light work. His physician would not recommend a night watchman's job because of the constant stress and strain.

   
   

10. Jenkins has difficulty cleaning his house, mowing his lawn, or walking around the block. He must often stop his activity to sit down and rest. He must sometimes take nitroglycerin tablets to relieve the shortness of breath he experiences.

    
    

11. Section 121.091(4) F.S. provides that a member who has completed five years of credible service is entitled to disability benefits if the member can no longer render useful and efficient service by virtue of a medically determinable physical impairment.

    
    

12. Considering the expert testimony presented in Dr. Sisodia's deposition, and the member's testimony, the Hearing Officer finds that:

    
    

    1. The member has a severely debilitating physical impairment resulting from his heart attack, subsequent stroke, and angina pectoris;

    2. Jenkins has more than 5 years of creditable service as a member of Florida Retirement System; and

    3. In light of his limited education and vocational experience Jenkins can no longer render useful and efficient service.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the application of Leroy Jenkins for disability retirement be approved with benefits payable retroactive to the date of his application.

DONE and ORDERED this 18th day of May, 1976, in Tallahassee, Florida.

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

(904) 488-9675

Docket for Case No: 75-001702

Orders for Case No: 75-001702