Plaintiff appealed the judgment affirming defendant’s decision to deny plaintiff duty-related retirement benefits. Plaintiff, who sought to retire under the duty-related disability statute, argued that the trial court erred in determining he was ineligible for disability retirement after it misinterpreted the statute. Plaintiff further argued that the trial court’s judgment was not supported by substantial evidence and was against the weight of the evidence.
Where the trial court misinterpreted the duty-based disability retirement statute, it erred in denying judgment for plaintiff where he presented sufficient evidence that he suffered from an occupational disease arising exclusively from his employment.
Judgment is reversed and remanded.
Freestone v. The Board of Police Commissioners Kansas City (MLW No. 80661/Case No. WD85492– 19 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Jackson County, Fahnestock, J. (Andrew J. Nantz, Kansas City, MO for appellant) (Susan F.
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