- 5 -
injuries is not in the nature of a worker’s compensation act.
Rutter v. Commissioner, 760 F.2d 466, 468 (2d Cir. 1985), affg.
T.C. Memo. 1984-525.
The statute at issue here is Ohio Rev. Code Ann. sec. 145.35
(Anderson 2001), which provides:
Sec. 145.35 Disability coverage for on-duty illness or
injury; election of coverage; medical examination.
(A) As used in this section, "on-duty illness or
injury" means an illness or injury that occurred during
or resulted from performance of duties under the direct
supervision of a member's appointing authority.
(B) The public employees retirement system shall
provide disability coverage to each member who has at
least five years of total service credit and disability
coverage for on-duty illness or injury to each member
who is a law enforcement officer, regardless of length
of service.
In the instant case, there is no dispute that petitioner
received her benefits pursuant to the first clause in Ohio Rev.
Code Ann. sec. 145.35(B). Petitioner was a case manager for the
Franklin County Board of Health and Human Services and therefore
could not qualify under the second clause of Ohio Rev. Code sec.
145.35(B), which is limited in coverage to law enforcement
officers. The first clause of the statute provides disability
coverage to employees if they have 5 years of service credit,
regardless of whether the disability was incurred in the course
of employment.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011