- 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