Alfaye Youngblood - Page 5

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          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.                                                              








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