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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.
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