- 11 - provided for payments based solely on injury or sickness arising out of employment. The courts, therefore, were required to make an inquiry as to the portion of the statute under which payments were awarded. * * * * * * * * * * * * * Here, however, � 372(a) makes no distinction between payments for work-related and non- work-related disabilities and therefore it is not a dual-purpose statute. * * * [Id. at 1450.] Unlike the statute in Kane, CGC section 75061(a) specifically provides for disability retirement benefits based solely on injury or disease arising out of, and in the course of, judicial service.8 We hold that the Judges’ Retirement Law is a dual- purpose statute.9 8We point out that 28 U.S.C. sec. 372(a) is virtually identical to CGC sec. 75060(a) in that neither of those provisions distinguishes between work-related and non-work- related disabilities. However, whereas 28 U.S.C. sec. 372(a) stands alone, CGC sec. 75060(a) must be read together with CGC sec. 75061(a), which defines the classes of persons covered under the disability retirement system. That section does distinguish between work-related and non-work-related disabilities. 9Respondent argues that the benefits Judge Byrne received were not in the nature of workers’ compensation. He points to the award of permanent disability payments of $224 per week as “a perfect example of how a person injured on the job is compensated through worker’s compensation and is made whole for his injury”, and he claims that the disability retirement payments, unlike the permanent disability payments, were not intended to make Judge Byrne “whole for his injury”. We might agree that the permanent disability payments are a perfect example of compensation received under a workers’ compensation act; however, the question we have before us is whether the disability retirement benefits were received under a statute in the nature of a workers’ compensation act. A statute in the nature of a workers’ compensation act gives “recovery in lieu of or supplemental to workmen’s compensation which may be in excess of that received (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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