Joe M. and Patricia M. Brown - Page 23

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          reminded that petitioner's position as a project engineer                   
          required that he be substantially mobile and physically fit in              
          order to perform his duties.  Further, the record clearly                   
          demonstrates that as of October 1989, petitioner was unable to              
          climb ladders or otherwise, lift heavy objects, or "walk beams".            
          In short, based on the particular facts and circumstances of this           
          case, we find the content of the job evaluation report for 1990             
          to be contrary to the weight of the evidence.  Moreover, the                
          record demonstrates that when petitioner's disability became such           
          that petitioner could no longer perform his job but he was                  
          mentally not ready to give up, his subordinates and superiors               
          accommodated him however they could.                                        
               As reflected in our findings of fact, petitioner's physical            
          condition at the time of trial was essentially the same as it was           
          immediately before receiving the Transfer Refund in October 1989.           
          In our judgment, and based on our observations over the course of           
          an afternoon, petitioner was disabled at the time of trial.                 
          Thus, suffice it to say that petitioner was neither mobile nor              
          fit immediately before receiving the Transfer Refund in October             
          1989.  His physical impairment, which was of a long-continued and           
          indefinite duration, precluded him from engaging in his customary           
          or any comparable substantial gainful activity.                             









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