Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

GROVER SELLERS

Bo~omble Bspe &tterfleld, Comissioasr

Piremncs ?sahm Co8nlssloa

P. 0. Box 106P four

tustia,

Dear sirr

c

IOUr request for au oplafoa ir

reads in part as follovs: is

l I) . . . % s city or fire departmat rcWlre8 a physical ex8siMtioR of sll firemen upoa eater-

lag serriue as a itieua and the city physi-

ciao makes the exaalnatloa and iiadr that the P-

plicuit is phJsical.ly fit except thet ha Vu hat-

lag scms ~sp%retiou trouble due probablr to MY *2 --ui-1

_: ‘- lioaorable Bayus Iktterfisld, p@ge Q

fever or dusts the applicant is duly l p p oiated and

l urolled aad serves for more than oue year iu the

departsnat; would he be eligible for disabillty ii later he became disabled from the flue

benefits if is shown that they vere

sad/or broaaohitls it sontraoted ia croasequeaoe of the performance of

hls duty se a firema?’

Ths tern “leave of l bseace” is not defined la the Aat and ve must therefore resort to the generally aacepted meanlag a? this term, I$ 18 detlwd ia Webster 1s llev mter- mtionbl Diotloaary as: "Permlssloa to be speat .I b

As ve view Seetloa 21 of Article 62430, simply means that beiore say tlreaan aa7 be eligible for benefit a under this lot, he must have aotaally served oae year contia- UOU81J. Xi a Sireman served oae year coatlnuously and 8c- cepts a leave of absence, he would be entitled to benefits oa his return to dut7, slase hs has never severed his connec- tion with the depart-at but has only been absent by psrmis- rion, If at tLme he accepted a leave of bseaoe he had not served one year oontiauously as provided b7 the Act, he vould be~requlred to do so on his return to duty since he vould not be considered as senrly during hlr absence.

%otlon 7 of Artlole 62430 provides: Vheaerer a perron servlag as an aotlve flre- p1ll0 duly enrolled In any regularly 8ctlve flr0 de-

part-at in any oity or town ia the Wats, aov

vithln:or that may hereafter ooste vlthla the ho-

vlsloa; of this Ao’t, shall beaome rhgslcally of

meatally disabled rhlle la and/or in oonsequeaae

of the pertormance of his duty, said Board of

Trustees msyi upon his mqueat, or vlthout such

request if it shall deem proper and for good de~rtmnt, retire such person from autive

service either upon total or partial dlsabllit~ as

the case may warrant ad shall order that he be

paid from suoh Fund, (a) if for total dlsabflity,

an amount equal to one-half the average moathly *3 ‘. ~4

-~-A.. . -II”-.- 404 page Honorable Bayne Sattsrfleld,

Ulu~ of suah ftreaaa, aot to exoeed the SW ef

One Bundred Dollars ($100) per month3 provided that salary be Fifty Dsllars

if rush aTerage 8onthly

($50) or less per moath, or if he be a volunteer with a0 sblary, the uourrt

ffi?W 8o order&paid

shall mot bs less thaa Tventy-fire Dollars (#Qs)

per moathj rush average monthly salary to be based

on the month average of his salary tar the firs

(5) yew period, or so mwh themof as he may hre

served proeediag the date of such retirerat)

or, (bj if dlsablllty be less thea total, then

such sum as in tb judgment of Board of Trus-

tees my be proper and eomseasurate vith the de-

gree of dlsabllity) provided Purthsr, if and that vhen sueh disability shall cease, such retiremea$

or disability llowaaee shll be dlscoatinued aad i:

uuch person shall be restored to active service at not less than the sams salary hs resolved at

the tims of his retirement for d18ab111ty.” (Under-

sooriag ours)

In atxsver to your seooud questloa, is our OpLn- ion that the applicant would be eligible for dlsabllity bene- fits ii he beoame disabled from any Cause, if it Is shovn that he became disabled vhen In and/or of PerfOrm- in soaswuenae ante of his duty. The faot that he has preolously~beea exam- ined by tb ezuaiaiag physleian vho found. evidence rt!SPlra- have no bearlab on his eliglbillty if he vas tory tr0ubl.s vould aacepted iar serriae &Star suoh exWelaetloa+ The only test contained in this statute IS vhether or not he bvc*w dir-

abled,. bhlle ia and/or la conrequeaae of the perforsuNWe of his duty.’

Trusting this fully anavsrs your IuWry, ve are Very truly yours By Ka. a A

B. T. Bob Donehue Assistant /----I