- 7 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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