Washington v. Georgia Firemen's Pension Fund, A93A1154
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | ANDREWS; POPE, C.J., and JOHNSON |
| Citation | 211 Ga.App. 83,438 S.E.2d 118 |
| Parties | WASHINGTON v. GEORGIA FIREMEN'S PENSION FUND et al. |
| Docket Number | No. A93A1154,A93A1154 |
| Decision Date | 02 November 1993 |
Page 118
v.
GEORGIA FIREMEN'S PENSION FUND et al.
Reconsideration Denied Nov. 22, 1993.
Page 119
[211 Ga.App. 86] Davidson & Strain, John M. Strain, Rome, for appellant.
Michael J. Bowers, Atty. Gen., Harman, Owen, Saunders & Sweeney, Timothy J. Sweeney, Atlanta, for appellees.
[211 Ga.App. 83] ANDREWS, Judge.
Joel Lee Washington was employed full time as a firefighter from 1979 until he was injured in an accident in the course of his employment on February 25, 1991. He applied for disability retirement benefits pursuant to OCGA § 47-7-1 et seq. He was examined by a doctor who verified that he was physically disabled, but who also concluded that Washington's disability was partially the result of mental problems.
On April 29, 1992, the Board of Trustees of the Georgia Firemen's Pension Fund denied Washington's claim under OCGA § 47-7-102(d), based on the fact that his disability stemmed in part from mental, psychological or emotional causes. Pursuant to that denial, on June 26, 1992, Washington filed a complaint in the Fulton County Superior Court against the Georgia Firemen's Pension Fund and the [211 Ga.App. 84] Board of Trustees of Georgia Firemen's Pension Fund, and John C. Kilpatrick, Jr., as secretary/treasurer. The complaint sought benefits Washington claimed he was due under OCGA § 47-7-1 et seq. Defendants filed a motion for summary judgment, arguing that OCGA § 47-7-102(d)(4) precluded his disability retirement benefits since his disability resulted from, or was partially attributable to a mental, emotional or psychological illness or condition. The trial court granted the motion, concluding that there was no indication that the Board of Trustees abused its discretion in denying the benefits.
Washington then filed an application for discretionary appeal in this court, which we granted.
1. In his first enumeration of error, Washington claims that the superior court applied an incorrect standard in reviewing the Board of Trustees' decision. He contends that OCGA § 47-7-1 et seq., provides no standard of review which would authorize the superior court's limited inquiry and that the superior court should have conducted a de novo hearing as to his claim for benefits.
OCGA § 47-7-23 delineates the powers and duties of the Board of Trustees of the Georgia Firemen's Pension Fund and provides
Page 120
that the board shall rule upon all applications. If an applicant is dissatisfied with the board's determination, OCGA § 47-7-124(b) provides the only guidance for further action: "[n]o action shall be brought contesting any determination of the board with respect to ... eligibility for retirement or disability benefits, the amount of retirement or disability benefits payable, or the termination or suspension of retirement or disability benefits after the expiration of 60 days from the date on which written notice of the final determination of the board is mailed by first-class mail to the last known address of the fireman ... and no court shall have jurisdiction of any action brought after the expiration of such period. The written notice provided for in this subsection shall contain notice of the...To continue reading
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Davis v. State, A94A0659
...to warrants." (Citations and punctuation omitted.) Mincey v. State, 180 Ga.App. 898, 900(1), 350 S.E.2d 852 (1986); Munson, supra 211 Ga.App. at 83, 438 S.E.2d While our task is not to encourage minimal compliance with the standards set forth for the issuance of warrants, we are required to......
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State v. Davis, A94A2670
...should be largely determined by the preference to be accorded to warrants." (Citation and punctuation omitted.) Munson v. State, supra, 211 Ga.App. at 83, 438 S.E.2d 123; see Mincey v. State, 180 Ga.App. 898, 900, 350 S.E.2d 852 (1986); see also Futch v. State, 178 Ga.App. 115, 342 S.E.2d 4......
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Munson v. State, A92A1017
...STATE. No. A92A1017. Court of Appeals of Georgia. Nov. 3, 1993. Reconsideration Denied Nov. 22, 1993. Certiorari Denied Feb. 3, 1994. [211 Ga.App. 83] Edea M. Caldwell, Stockbridge, for Tommy K. Floyd, Dist. Atty., James L. Wright III, Asst. Dist. Atty., for appellee. [211 Ga.App. 80] ANDRE......
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DeLoach v. Georgia Firemen's Pension Fund, A94A0310
...whether the board abused its discretion in ruling on DeLoach's [213 Ga.App. 204] application. Washington v. Ga. Firemen's Pension Fund, 211 Ga.App. 83, 85, 438 S.E.2d 118 It is undisputed that DeLoach was employed by the Savannah Fire Department from 1971 to 1992. It is further undisputed t......
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Davis v. State, A94A0659
...to warrants." (Citations and punctuation omitted.) Mincey v. State, 180 Ga.App. 898, 900(1), 350 S.E.2d 852 (1986); Munson, supra 211 Ga.App. at 83, 438 S.E.2d While our task is not to encourage minimal compliance with the standards set forth for the issuance of warrants, we are required to......
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State v. Davis, A94A2670
...should be largely determined by the preference to be accorded to warrants." (Citation and punctuation omitted.) Munson v. State, supra, 211 Ga.App. at 83, 438 S.E.2d 123; see Mincey v. State, 180 Ga.App. 898, 900, 350 S.E.2d 852 (1986); see also Futch v. State, 178 Ga.App. 115, 342 S.E.2d 4......
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Munson v. State, A92A1017
...STATE. No. A92A1017. Court of Appeals of Georgia. Nov. 3, 1993. Reconsideration Denied Nov. 22, 1993. Certiorari Denied Feb. 3, 1994. [211 Ga.App. 83] Edea M. Caldwell, Stockbridge, for Tommy K. Floyd, Dist. Atty., James L. Wright III, Asst. Dist. Atty., for appellee. [211 Ga.App. 80] ANDRE......
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DeLoach v. Georgia Firemen's Pension Fund, A94A0310
...whether the board abused its discretion in ruling on DeLoach's [213 Ga.App. 204] application. Washington v. Ga. Firemen's Pension Fund, 211 Ga.App. 83, 85, 438 S.E.2d 118 It is undisputed that DeLoach was employed by the Savannah Fire Department from 1971 to 1992. It is further undisputed t......