IN RE INVOLUNTARY RETIREMENT OF JUDGE WARREN A. NELSON
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The Florida Supreme Court approved the Judicial Qualifications Commission's recommendation to involuntarily retire Circuit Judge Warren A. Nelson due to permanent physical disability (cardiac condition) seriously interfering with his judicial duties, incurred in the line of duty. The Court ordered his retirement effective immediately with a pension of 42% of his average monthly compensation.
Judge Nelson should be involuntarily retired effective immediately due to permanent physical disability incurred in the line of duty that seriously interferes with and prevents the performance of his duties as a Circuit Judge. He is entitled to pension compensation of 42% of his average monthly compensation from the Judges' Retirement Fund.
[1] A judge may be involuntarily retired for disability that seriously interferes with the performance of duties and is permanent in nature.
[2] Judicial duties can proximately contribute to the causation of a myocardial infarction suffered by a judge.
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Join FLexlaw to unlock all legal intelligence“the stress and strain of his judicial duties proximately contributed to the causation of the myocardial infarction suffered by Judge Nelson”
Establishes the causal connection between judicial duties and the cardiac condition, satisfying the requirement for disability incurred in the line of duty
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Join FLexlaw to unlock all legal intelligenceJudge Nelson was appointed to the bench in 1967 and became a Circuit Judge in 1973. He suffered a myocardial infarction on September 27, 1972, returne…
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PER CURIAM.
The Judicial Qualifications Commission has conducted proceedings under Rule 6, Judicial Qualifications Commission Rules, 32 F.S.A., to determine whether Judge Warren A. Nelson, a Circuit Judge in the Fourth Judicial Circuit of Florida, should be involuntarily retired for disability seriously interfering with the performance of his duties, which was or is likely to become permanent in nature. Fla.Const., art. V, § 12, F.S.A. After an appropriate hearing the Commission made the following findings of fact and conclusions of law:
“FINDINGS OF FACT
“1. Judge Nelson is 51 years of age, having been born on November 19, 1922. He was appointed to the bench as Judge of the Criminal Court of Record of Du-val County on June 14, 1967. He has served continuously as a Judge from that time until the date hereof. On January 1, 1973, the effective date of the present Article V of the Florida Constitution, he became a Circuit Judge of the Fourth Judicial Circuit, having been elected to that office at the judicial election of 1972.
“2. On or about September 27, 1972, Judge Nelson suffered a ‘heart attack’ (myocardial infarction) during his term of office as Judge of the Criminal Court of Record. He returned to the bench on or about December 13, 1972. On or about February 27, 1973, he sustained another attack of a cardiac nature during his term of office as a Circuit Judge. Open heart surgery was performed thereafter, but Judge Nelson has not been able to return to his duties as a Circuit Judge.
“3. The Commission finds, based upon the medical evidence presented, that the stress and strain of his judicial duties proximately contributed to the causation of the myocardial infarction suffered by Judge Nelson.
“4. That as a result of the said myocardial infarction and the subsequent open heart surgery, Judge Nelson has sustained a physical disability that seriously interferes with the performance of his duties as a Circuit Judge and that such disability is permanent.
“5. That Judge Nelson should be involuntarily retired as a Circuit Judge of the Fourth Judicial Circuit, in and for Duval County, Florida.
“CONCLUSIONS OF LAW
“1. Judge Nelson should be involuntarily retired for disability seriously interfering with the performance of his duties, which is permanent in nature.
“2. Pursuant to Section 121.091(4) (d), Florida Statutes [F.S.A.], Judge Nelson is entitled to a pension benefit based upon 42% of his average monthly compensation.”
The majority of the Commission has recommended that we enter an order of retirement.
From the record it affirmatively appears that the stress and strain of Judge Nelson’s duties as a judge proximately contributed to the causation of the myocardial infarction and his resulting disability. We approve the findings of fact and the conclusions of law made by the Commission.
Warren A. Nelson is hereby retired from service as a Circuit Judge on the date of the filing of this opinion, his retirement being by reason of a physical disability of a permanent character incurred in the line of duty and interfering with and preventing the performance of his duties. He is, therefore, entitled to compensation of 42 per cent of his average monthly compensation from the Judges’ Retirement Fund in accordance with Fla.Stat. § 121.091(4) (d), F.S.A. After the date of the filing of this opinion, Circuit Judge Warren A. Nelson, insofar as the relationship of the Court is concerned, is that of a retired judge, and by reason of his retirement there exists a vacancy in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County.
The Court having fully considered this matter and because of its emergency nature, there shall be no petition for rehearing, and this order shall be effective immediately.
It is so ordered.
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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Joycie T. Bolinger v. Division OF Retirement, 335 So. 2d 568 (Fla. 1st DCA 1976)…; Protectu Awning Shutter Co. v. Cline, 154 Fla. 30, 16 So. 2d 342 (1944); Looney v. W & J Constr. Co., 289 So. 2d 723 (Fla.1974). That conclusion is consistent also with the single decision we are aware of which applies § 121.021(13). In re Nelson, 288 So. 2d 218 (Fla.1974). Clearly, Bolinger’s injury also occurred “in the actual performance of duty.” The Commission erred in denying Bolinger “in line of duty” disability benefits. The Commission’s order is quashed and the case remanded for proceedings consis…
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In re Inquiry Concerning a Judge, 521 So. 2d 1092 (Fla. 1988)…dge’s stroke to be job related1 and, therefore, should [*1093] have recommended that he be retired at forty-two percent of his average monthly compensation. § 121.091(4)(d)l, Fla.Stat. (1987). In making this argument counsel relies on In re Nelson, 288 So. 2d 218 (Fla.1974). In Nelson this Court approved the JQC’s findings that the stress and strain of his judicial duties contributed to Judge Nelson’s heart attack and consequent disability and that Judge Nelson should receive forty-two percent of his average…