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Disability Benefits Denied per R.C. 3307.48

In the case State ex rel. Ewart v. State Teachers Ret. Sys. Bd. of Ohio, 2020-Ohio-4147, 2020 Ohio App. LEXIS 3036, an Ohio appellate court considered whether a member of the Ohio State Teachers Retirement System, who worked as a teacher in a public school system, was entitled to a writ of mandamus ordering the State Teachers Retirement System Board of Ohio (STRB) to reinstate the member’s disability retirement benefits. The appellate court found that the trial court did not abuse its discretion in denying the member’s requested writ of mandamus, since one physician’s report stating that teacher’s impairment did not preclude her from working was not equivocal, and also it constituted new evidence within the meaning of instant court’s previous decision in the case and within the meaning of former R.C. 3307.48(C), so the administrative board had some evidence to support its decision to terminate teacher’s disability retirement benefits.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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