Larry J. and Catherine E. France - Page 8

                                        - 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 of                        





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

Last modified: May 25, 2011