SHARON HAMPTON, APPELLANT,
v.
MIAMI CITY EMPLOYEES RETIREMENT SYSTEM, APPELLEE
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The court affirmed the denial of disability retirement benefits to a former Miami police officer, holding that substantial evidence supported the finding that she was not permanently and totally disabled, no estoppel applied, and she had waived her right to challenge the denial by failing to appeal timely.
A former police officer who was discharged solely due to her asserted inability to perform police duties is not entitled to a disability retirement pension absent a finding of permanent total disability, and any such claim is waived if not timely appealed.
[1] A police officer discharged solely on the basis of her own asserted inability to perform police duties is not entitled to a disability retirement pension absent a finding…
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Join FLexlaw to unlock all legal intelligenceSharon L. Hampton, a former Miami police officer, was discharged by the City of Miami Police Department based on her own asserted inability to perform…
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PER CURIAM.
We affirm the final declaratory decree under review upon a holding that (1) substantial, competent evidence was adduced below upon which the trial court could have concluded that the appellant Sharon L. Hampton, a former Miami police officer, was not permanently and totally disabled and therefore was not entitled to a disability retirement pension, Pompano Beach Police & Firemen’s Pension Fund v. Franza, 405 So. 2d 446, 447 (Fla. 1st DCA 1981); Shepard v. Dept. of Admin., Div. of Retirement, 361 So. 2d 208, 209 (Fla. 1st DCA 1978); Nuce v. Board of Trustees for the City Pension Fund for Firemen & Policemen in Miami Beach, 246 So. 2d 610, 611 (Fla. 3d DCA 1971); City of Opar-Locka v. Woodard, 252 So. 2d 852 (Fla. 3d DCA 1971), (2) inasmuch as the appellant was discharged by the City of Miami Police Department solely on the appellant’s own asserted inability to perform the duties of a police officer, no estoppel entitlement to such a disability pension arises under Police Pension Board v. Gaines, 389 So. 2d 677 (Fla. 4th DCA 1980), and (3) the appellant has, in any event, waived her right to challenge the denial of her application for a disability retirement pension by not appealing from said denial, see Hammond v. City of Miami, 396 So. 2d 237 (Fla. 3d DCA 1981); Franchi v. Florida Dept. of Commerce, Div. of Employment Sec., Bd. of Review, 375 So. 2d 1154 (Fla. 4th DCA 1979).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)
- Pompano Beach Police & Firemen's Pension Fund v. Orestes J. Franza, 405 So. 2d 446 (Fla. 4th DCA 1981)
- Shepard v. Dep't of Admin., 361 So. 2d 208 (Fla. 1st DCA 1978)
- Nuce v. Bd. OF Trs. FOR the City Pension Fund FOR Firemen & Policemen IN the City OF Miami Beach, 246 So. 2d 610 (Fla. 3d DCA 1971)
- Police Pension Bd. v. Gaines, 389 So. 2d 677 (Fla. 4th DCA 1980)
- Barbara Katz Sportswear Co., Inc. v. Highlands Ins. Co., 246 So. 2d 610 (Fla. 3d DCA 1971)
- Hammond v. City OF Miami, 396 So. 2d 237 (Fla. 3d DCA 1981)
- Lustgarten v. Hochmann, 252 So. 2d 852 (Fla. 3d DCA 1971)
- City OF Opa-Locka v. Woodard, 252 So. 2d 852 (Fla. 3d DCA 1971)