No specific laws identified for this ruling.
The Ohio Supreme Court affirmed the Court of Appeals' grant of a writ of mandamus, ordering the Ohio State Highway Patrol Retirement System to consider Moss's application for disability retirement benefits despite his employment termination occurring after he applied but before the board made its determination.
Ohio State Highway Patrol Retirement System—Retirement board determined that it was unable to consider an application for disability retirement benefits because the applicant's employment was terminated and he was not an employee of the Ohio State Highway Patrol—Under R.C. 5505.18 and 5505.20, an employee of the Ohio State Highway Patrol who is a member of the retirement system is eligible for disability retirement benefits if the employee applies for those benefits before being terminated—Court of appeals' grant of a writ of mandamus ordering the retirement system and its board to vacate its order determining that it was unable to consider claimant's application and ordering them to conduct further proceedings to determine claimant's eligibility for disability retirement benefits affirmed.
This summary was generated to explain the ruling in plain English and is not legal advice.
Mandamus—Labor relations—Public employees—R.C. Ch. 4117—State Employment Relations Board abused its discretion in dismissing public employee's unfair-labor-practice charge against employer because employer did not have authority to determine that employee's notice to arbitrate was untimely under collective-bargaining agreement—Board abused its discretion when it dismissed public employee's unfair-labor-practice charge against union without providing basic rationale for dismissal—Board did not abuse its discretion when it dismissed public employee's additional unfair-labor-practice charge against union, because union acted in accordance with public employee's waiver of union representation—Court of appeals' judgment granting writ of mandamus affirmed in part and reversed in part.
Workers' compensation—Temporary-total-disability compensation—R.C. 4123.56—Employee who had already been terminated for violation of employment policies before his shoulder surgery was not "unable to work" as "direct result of an impairment arising from an injury or occupational disease" under plain language of R.C. 4123.56(F) and thus was not entitled to receive temporary-total-disability compensation—Court of appeals' judgment reversed and writ granted.
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