Incapacity from the further performance of duty means that the member has demonstrably sought and been denied workplace accommodation of the disability in accordance with applicable law, and that the member is physically or mentally unable to continue to hold the position occupied and to hold any other position offering comparable pay. The education, training, and experience of the employee are to be considered when making this determination.

Source Note:The provisions of this §73.17 adopted to be effective September 21, 1981, 6 TexReg 3427; amended to be effective September 13, 2001, 26 TexReg 6953.