- 8 - the nature of a workmen’s compensation act if it allows for disability payments for any reason other than on-the-job injuries. See Haar v. Commissioner, 78 T.C. 864, 868 (1982), affd. per curiam 709 F.2d 1206 (8th Cir. 1983). If the statute does not qualify, then the fact that the taxpayer’s injury was work related is irrelevant. See Smelley v. United States, 806 F. Supp. 932, 935 (N.D. Ala. 1992), affd. per curiam 3 F.3d 389 (11th Cir. 1993). Disability retirement payments received under FERS are not workmen’s compensation payments. See Merker v. Commissioner, supra; Wham v. Commissioner, T.C. Memo. 1985-625, affd. without published opinion 812 F.2d 1402 (4th Cir. 1987). Although petitioner suffers from a disability which may have arisen in the course of his employment with the FAA, a Federal agency, that alone is insufficient to meet the requirements of section 104(a)(1). Petitioner received his disability annuity under FERS, 5 U.S.C. ch. 84 (1994). Under FERS, an employee shall be considered disabled only if the employee is found by OPM to be “unable, because of disease or injury, to render useful and efficient service in the employee’s position.” 5 U.S.C. sec. 8451(a)(1)(B) (1994). Disability under FERS does not distinguish between injuries occurring on the job or elsewhere; rather, the focus is on whether the employee is able to perform the tasks of his employment in a “useful and efficient” manner. See Merker v.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011