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On appeal, the Board of Appeals considered whether
petitioner had established that he was permanently incapacitated
for the further performance of his duties and therefore entitled
to either an ordinary disability retirement benefit under
Baltimore County Code section 23-53 (1988), or an accidental
disability retirement benefit under Baltimore County Code section
23-55 (1988). In an opinion and order dated September 10, 1997,
the Board of Appeals found the following:
Regarding the issue of whether the mental health
problems experienced by * * * [Mr. France] arose as the
natural and proximate result of the automobile accident
suffered by Mr. France on November 29, 1993, the Board
concludes that * * * [Mr. France] has not satisfied his
burden in this instance. Only the physical injury to
the left wrist was the direct result of that accident,
and we look to * * * [the] assessment that Mr. France’s
wrist is 30 percent impaired and to a general agreement
among witnesses on both sides that Mr. France’s ability
to do the job as Assistant Supervisor of Animal Control
would not be negated by this impairment.
However, the Board does find that the mental
health disorders of depression and anxiety that Mr.
France developed in the workplace following the
accident have rendered Mr. France incapable of
performing the job for which he was hired. We are
persuaded by the clear and definitive statements of
accepted experts in the mental health field * * * that
Mr. France is mentally incapacitated and that
incapacitation is likely to be permanent. The Board
notes that Mr. France’s exemplary performance record
for 16 years of employment with Baltimore County is at
odds with the anxious, uncertain demeanor of the man
who testified of his hopelessness and fears for his
future.
We are satisfied that the accident itself did not
cause the mental health problems complained of, and,
therefore, while accidental disability benefits are
denied, the Board finds Mr. France deserving of
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