OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
Bo~omble Bspe &tterfleld, Comissioasr
Piremncs ?sahm Co8nlssloa
P. 0. Box 106P
tustia, four
Dear sirr
1
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 the serriue as a itieua and the city physi-
ciao makes the exaalnatloa and iiadr that the lP-
plicuit is phJsical.ly fit except thet ha Vu hat-
lag scms ~sp%retiou trouble due probablr to MY
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403
lioaorable Bayus Iktterfisld, p@ge Q
fever or dusts the applicant is duly lp p o ia ted
and
lurolled aad serves for more than oue year iu the
departsnat; would he be eligible for disabillty
benefits ii later he became disabled from the flue
sad/or broaaohitls if it is shown that they vere
sontraoted ia croasequeaoe of the performance of
hls duty se a firema?’
Ths tern “leave of lbseace” 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
b
to be speat .I
As ve view Seetloa 21 of Article 62430, it 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 the tLme he accepted a leave of lbseaoe 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-
p1ll0duly 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 the good
of the 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
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-II”-.- ‘. ~4
404
Honorable Bayne Sattsrfleld, page 3
Ulu~ of suah ftreaaa, aot to exoeed the SW ef
One Bundred Dollars ($100) per month3 provided that
if rush aTerage 8onthly salary
be Fifty Dsllars
($50) or less per moath, or if he be a volunteer
ffi?W with a0 sblary, the uourrt 8o order&paid
shall mot bs less thaa Tventy-fire Dollars (#Qs)
per moathj rush average monthly salary to be based
on the month average of his salary tar the firs
(5) yew period, or so mwh themof as he may hre
served proeediag the date of such retirerat)
or, (bj if the dlsablllty be less thea total, then
such sum as in tb judgment of the Board of Trus-
tees my be proper and eomseasurate vith the de-
gree of dlsabllity) provided Purthsr, that if and
vhen sueh disability shall cease, such retiremea$
or disability lllowaaee shll be dlscoatinued aad
uuch person shall be restored to active service i:
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, it 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 in soaswuenae of PerfOrm-
ante of his duty. The faot that he has preolously~beea exam-
ined by tb ezuaiaiag physleian vho found. evidence of rt!SPlra-
tory tr0ubl.s vould have no bearlab on his eliglbillty if he vas
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 AB. T. Bob Donehue
Assistant
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