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annual leave in 1990. In 1989, he used 84 hours of annual leave,
mostly in the final two months of the year.
Events Leading to Petitioner's Retirement
On December 26, 1990, petitioner went on leave and never
returned to work. Petitioner exhausted his accumulated annual
and sick leave before his retirement. Petitioner chose to
exhaust his leave before retiring because it was both permitted
and financially advantageous to do so.
On February 14, 1991, petitioner authorized his physician to
submit a medical statement of disability to the Medical Board of
the State of Maryland (the Medical Board). Petitioner also
submitted a handwritten statement at that time, which statement
concluded as follows:
As when the State of Maryland gave a handi-cap boy
a wonderful job in 1956, in 1977 I said I was not ready
to give up.
But in 1991, I don't think I have no other choice.
On March 21, 1991, the Medical Board recommended that
petitioner be approved for ordinary disability retirement. The
Medical Board's report stated as follows:
It is the recommendation of the Medical Board that
[petitioner] be approved ordinary disability due to
osteoarthritis of the spine, hypertensive
cardiovascular disease, old polio with atrophy of the
right leg and obesity.
Petitioner's Retirement
Even though petitioner was approved for an ordinary
disability retirement, he ultimately decided to apply for a
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