Raymond J. and Jacquelyn M. Byrne - Page 16




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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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