415-105-120  <<  415-105-130 >>   415-105-140

WAC 415-105-130

Standard for determination.

To obtain a determination that a disability has ceased, the retiree must demonstrate that:
(1) He/she is reasonably able to perform the ordinary duties of his/her former position or position within his/her former rank with average efficiency; and
(2) There has been a material change in the circumstances upon which the original disability determination was based; and
(3) No other physical or mental disability now prevents the retiree from performing the ordinary duties of his/her position or rank.
A retiree may not obtain a determination that his/her disability has ceased by demonstrating that the medical condition was incorrectly diagnosed at the time of the initial disability hearing. The disability board need not rely solely on medical evidence in making its determination. If the medical condition for which the retiree was granted disability retirement has improved, but the retiree is still not physically or mentally able to perform his/her duties with average efficiency, he/she shall continue to receive a disability retirement allowance and shall not be entitled to service retirement.
[Statutory Authority: RCW 41.26.115. WSR 87-07-015 (Order 87-3), ยง 415-105-130, filed 3/11/87.]
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