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State ex rel. Sales v. Ohio Pub. Emps. Retirement Bd.

Ohio Ct. App.September 26, 2017No. 16AP-582Cited 1 time

Case Details

Judge(s)
Tyack
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful TerminationBreach of Contract

Outcome

The Court of Appeals granted Dr. Sales' writ of mandamus, finding him to be a part-time employee rather than an independent contractor and thus entitled to OPERS membership and service credit for his work at ODRC from 1997-2003.

Excerpt

Relator was a psychiatrist working for the Ohio Dept. of Rehab. & Correction. He sought a writ of mandamus to compel OPERS Board to grant him membership status and service credit in OPERS. Given the amount of control exercised over relator, he was a part-time employee of OPERS rather than an independent contractor.

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