- 4 - treated as employer contributions and were not included in petitioner’s gross income.6 Over the course of his employment, petitioner held several positions with Baltimore County, the last of which was assistant supervisor of the Animal Control Division. On November 29, 1993, while performing his duties in this position, petitioner was involved in an automobile collision. Petitioner injured his left wrist in this collision.7 In early 1994, petitioner underwent surgery and physical therapy to treat his injured wrist. Petitioner returned to his post as assistant supervisor with the Animal Control Division in April 1994. Petitioner’s job performance was not affected by the injury to his left wrist because he is right-handed. After petitioner’s return to work, petitioner’s supervisor did not allow petitioner to resume performing the duties he had performed as assistant supervisor prior to taking time off to treat his injured wrist. Petitioner’s supervisor did not allow 6 In accordance with sec. 414(h)(2), the ERS provides that the pick-up contributions are not included as gross income of a member until the pick-up amounts are distributed or made available to the member. Baltimore County Code sec. 23-91(g) (1988). 7 For certain of the facts summarized in this opinion, we rely on the opinion and order in In the Matter of Larry France, Case No. CBA-96-176 (Sept. 10, 1997), issued by the County Board of Appeals of Baltimore County in response to petitioner’s application for disability retirement benefits under the provisions of the ERS.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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