Stds of Review: Disability Retirement Benefits

From, West v. Kentucky Retirement System, COA, NPO, 7/15/2011

Upon review of the denial of disability retirement benefits, we accept the agency’s findings of fact as true as long as they are supported by substantial evidence. Bowling v. Natural Resources and Environmental Protection Cabinet, 891 S.W.2d 406 (Ky. App. 1995). Substantial evidence is such evidence as would “induce conviction in the minds of reasonable [persons].” Owens-Corning Fiberglas Corp. v. Golightly, 976 S.W.2d 409, 414 (Ky. 1998). Where it is determined that the agency’s findings are supported by substantial evidence, the court must then ask whether the agency has correctly applied the law. Kentucky
Unemployment Insurance Commission v. Landmark Community Newspapers of Kentucky, Inc., 91 S.W.3d 575, 578 (Ky. 2002). A reviewing court may also reverse a final order of an administrative agency, in whole or in part, where it is found that the agency’s order violates statutory or constitutional provisions, is in excess of the agency’s authority as granted by statute, or is deficient as otherwise provided by law. KRS 13B.150(2).

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