State ex rel. Moss v. Ohio State Hwy. Patrol Retirement Sys.
Case Details
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
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.
Excerpt
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.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
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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