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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 statutory
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Last modified: May 25, 2011