State ex rel. Moss v. Ohio State Highway Patrol Retirement System

777 N.E.2d 259, 97 Ohio St. 3d 198
CourtOhio Supreme Court
DecidedNovember 6, 2002
DocketNo. 2002-0750
StatusPublished
Cited by20 cases

This text of 777 N.E.2d 259 (State ex rel. Moss v. Ohio State Highway Patrol Retirement System) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Moss v. Ohio State Highway Patrol Retirement System, 777 N.E.2d 259, 97 Ohio St. 3d 198 (Ohio 2002).

Opinion

Per Curiam.

{¶ 1} Beginning in December 1981, the Ohio State Highway Patrol employed appellee, Karl L. Moss, as a state trooper for over 17 years. In July 1999, Moss began approved medical leave from employment. During that time, Moss received his first weekly session of psychotherapy from a psychologist, who diagnosed him as suffering from major depression.

{¶ 2} On September 20, 1999, Moss applied to appellant Ohio State Highway Patrol Retirement Board for disability retirement benefits. On September 28, 1999, the Ohio State Highway Patrol terminated Moss’s employment. On October 1999, Stephen Pariser, M.D., a psychiatrist appointed by the board pursuant to R.C. 5505.18(A), conducted a medical examination of Moss. Dr. Pariser concluded that Moss was permanently and totally incapacitated to perform his job duties with the State Highway Patrol due to his major depression, that the onset of his disability was July 1999, and that he should be retired.

{¶ 3} On December 1, 1999, the board determined that it was unable to consider Moss’s application for disability retirement benefits because he was no longer an employee of the State Highway Patrol.

{¶ 4} In September 2000, Moss filed a complaint in the Court of Appeals of Franklin County for a writ of mandamus to compel appellants, Ohio State Highway Patrol Retirement System, its board, and the board members, to consider his application for disability retirement benefits. In November 2001, a magistrate recommended that the court of appeals grant the writ of mandamus. Appellants filed objections to the magistrate’s decision, and in March 2002, the court of appeals overruled appellants’ objections and adopted the magistrate’s findings of fact and conclusions of law. The court of appeals granted a writ of mandamus directing the State Highway Patrol Retirement System and its board to vacate its order denying disability retirement benefits for Moss and ordering that further appropriate proceedings to determine his eligibility for benefits be [200]*200conducted. This cause is now before the court upon appellants’ appeal as of right.

{¶ 5} In order to be entitled to the requested writ of mandamus, Moss had to establish a clear legal right to consideration of his application for disability retirement benefits, a corresponding clear legal duty on the part of the State Highway Patrol Retirement System and its board to consider his application, and the absence of a plain and adequate remedy in the ordinary course of law. State ex rel. Gaydosh v. Twinsburg (2001), 93 Ohio St.3d 576, 578, 757 N.E.2d 357.

{¶ 6} Appellants do not dispute that mandamus is an appropriate remedy by which to seek relief from the board’s refusal to consider an application for disability retirement benefits. Cf. State ex rel. Pipoly v. State Teachers Retirement Sys., 95 Ohio St.3d 327, 2002-Ohio-2219, 767 N.E.2d 719, at ¶ 14 (“mandamus is an appropriate remedy where no statutory right of appeal is available to correct an abuse of discretion by an administrative body”). R.C. 5505.18 does not provide for an appeal from the board’s determinations concerning applications for disability retirement benefits.

{¶ 7} Therefore, the dispositive issue is whether Moss established a clear legal right to the requested relief and a concomitant clear legal duty on appellants’ part to provide it. State ex rel. Ryan v. State Teachers Retirement Sys. (1994), 71 Ohio St.3d 362, 364, 643 N.E.2d 1122.

{¶ 8} Appellants contend that the court of appeals erred in holding that the pertinent statutes did not require Moss to be a member of the State Highway Patrol Retirement System at the time of his medical examination by a board-appointed physician and at the time of the board’s determination of Moss’s application for benefits.

{¶ 9} Membership in the State Highway Patrol Retirement System includes all State Highway Patrol employees. R.C. 5505.02 and 5505.01(A). Under R.C. 5505.20, a member of the retirement system who ceases to be an employee for any reason other than the employee’s retirement or death is no longer a member:

{¶ 10} “Should a member of the state highway patrol retirement system cease to be an employee of the state highway patrol, for any reason, except his retirement or death, he shall thereupon cease to be a member of the retirement system and he shall forfeit his total service credit at that time.”

{¶ 11} Notably, while R.C. 5505.20 requires that an employee who, like Moss, is terminated, forfeits entitlement to total service credit, the statute does not specify that the employee forfeits entitlement to disability retirement benefits applied for prior to termination. In fact, although appellants contend that a trooper whose employment is terminated without having been granted disability retirement benefits by the board “forfeits the opportunity to receive a disability retirement,” they also acknowledge that “[t]he forfeiture provisions of R.C. 5505.20 apply only to service credit * * *.”

[201]*201{¶ 12} Moss applied for disability retirement benefits under R.C. 5505.18(A), which provides:

{¶ 13} “Upon the application of a member of the state highway patrol retirement system, a person acting on behalf of a member, or the superintendent of the state highway patrol on behalf of a member, a member who becomes totally and permanently incapacitated for duty in the employ of the state highway patrol may be retired by the board.

{¶ 14} “The medical examination of a member who has applied for disability retirement shall be conducted by a competent physician or physicians appointed by the board. The physician or physicians shall file a written report with the board containing the following information:

{¶ 15} “(1) Whether the member is totally incapacitated for duty in the employ of the patrol;

{¶ 16} “(2) Whether the incapacity is expected to be permanent;

{¶ 17} “(3) The cause of the member’s incapacity.

{¶ 18} “The board shall determine whether the member qualifies for disability retirement and its decision shall be final.” (Emphasis added.)

{¶19} Notwithstanding appellants’ claims to the contrary, nothing in R.C. 5505.18(A) requires that an applicant for disability retirement benefits be a member of the retirement system, i.e., an employee, at the time that the applicant is examined by a physician or physicians appointed by the board. The pertinent portion of R.C. 5505.18(A) expressly states that the examination is of the “member who has applied for disability retirement,” which requires only that the applicant be a member of the retirement system at the time of applying for disability retirement.

{¶ 20} Moreover, the reference in R.C. 5505.18(A) to the board’s determination of whether the member qualifies for disability retirement must be read in the context of the entire statute. “Words and phrases shall be read in context * * R.C. 1.42; Key Services Corp. v. Zaino (2002), 95 Ohio St.3d 11, 14, 764 N.E.2d 1015.

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Cite This Page — Counsel Stack

Bluebook (online)
777 N.E.2d 259, 97 Ohio St. 3d 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-moss-v-ohio-state-highway-patrol-retirement-system-ohio-2002.