- 16 - on that basis. Judge Byrne received his benefits on the basis of the commission’s finding that he was “unable to discharge efficiently the duties of his said office by reason of such mental disability, and that such disability is or is likely to become permanent”. Respondent also suggests that CGC section 75061(a) does not qualify as a statute in the nature of a workers’ compensation act because an applicant qualifying for retirement under that provision gets paid by reference to length of service. Seemingly, respondent relies upon the fact that judges who have been credited with at least 2 years of service are entitled to a disability retirement regardless of whether their injuries are incurred in the course of their employment. However, CGC section 75061(a) contains two clauses. The first clause, which awards a disability retirement on the basis of a disability and length of service, does not qualify as a statute in the nature of a workers’ compensation act since it does not distinguish between work-related disabilities and non-work-related disabilities. As we have stated more explicitly above, the second clause does qualify as a statute in the nature of a workers’ compensation act. An applicant who receives a disability retirement under that clause may exclude the benefits received thereunder. Those benefits are not disqualified for the reason that they could theoretically have been awarded under some other statutoryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011