State ex rel. Tindira v. Ohio Police & Fire Pension Fund, 130 Ohio St. 3d 62

Tindira became an OP&F member in 1996 and worked as a Lakewood police officer before resigning in 1997 for a Cleveland assignment.
In Oct. 2006, following a breakup, Tindira developed psychiatric symptoms leading to performance decline and administrative leave beginning May 2007.
Before resigning, Tindira applied for disability benefits listing PTSD, anxiety, somatization, major depression, and abdominal injury, supported by medical and psychological reports.
Independent evaluations yielded mixed conclusions: some doctors found no permanent disability; others suggested various impairments and potential disability implications.
OP&F Board denied disability benefits in Sept. 2008; after administrative remedies, Tindira sought mandamus, which the Franklin County Court of Appeals denied in Oct. 2010; this Court granted the writ.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the board abused discretion by denying benefits without a stated basis	Tindira contends the board failed to state its basis for denial.	Board argues no statutory rule requires stating the basis for denial.	Abuse found; mandamus granted to compel benefits.
Whether R.C. 742.38(D)(4) authorizes disability benefits for temporary disabilities	D(4) covers temporary as well as permanent disabilities.	D(4) contemplates permanent disability only.	Yes, D(4) authorizes temporary disability benefits.
What standards govern the determination of disability under D(4) and applicable rules	Evidence supports impairment and earning-capacity impact, meeting D(4) criteria.	Standards under D(4) and DEP/GUIDES indicate limited scope or applicability.	The court adopts D(4) interpretation allowing disability benefits where five years of service, non-work-induced disability, and impaired earning capacity are shown.

State ex rel. Pipoly v. State Teachers Retirement Sys., 95 Ohio St.3d 327 (2002-Ohio-2219) (mandamus abuse review; abuse as arbitrary/unconscionable)
State ex rel. Lecklider v. School Emps. Retirement Sys., 104 Ohio St.3d 271 (2004-Ohio-6586) (no duty to state basis absent statute/rule)
Kinsey v. Police & Firemen’s Disability & Pension Fund Bd. of Trustees, 49 Ohio St.3d 224 (1990) (cannot rely on general doctor statements; must assess training and experience)
State ex rel. Moss v. Ohio State Hwy. Patrol Retirement Sys., 97 Ohio St.3d 198 (2002-Ohio-5806) (liberal construction of pension statutes to protect employees)
State ex rel. Shisler v. Ohio Pub. Emps. Retirement Sys., 122 Ohio St.3d 148 (2009-Ohio-2522) (statutory interpretation for determining disability; context and grammar)
State ex rel. Solomon v. Police & Firemen’s Disability & Pension Fund Bd. of Trustees, 72 Ohio St.3d 62 (1995) (ambiguous pension provisions construed in employees’ favor)
State ex rel. Worrell v. Ohio Police & Fire Pension Fund, 112 Ohio St.3d 116 (2006-Ohio-6513) (abuse of discretion standard in OP&F mandamus)