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 

IOUr request for au oplafoa ir 

reads in part as follovs: 

l I) . . . 

% s city or fire departmat rcWlre8 a 

physical ex8siMtioR of sll firemen upoa eaterlag the serriue as a itieua and the city physiciao makes the exaalnatloa and iiadr that the l Pplicuit is phJsical.ly fit except thet ha Vu hatlag scms ~sp%retiou trouble due probablr to MY 

1 

c 

is 
lioaorable Bayus Iktterfisld, p@ge Q 

--ui-1 

_: ‘- 403 

fever or dusts the applicant is duly l ppo ia ted and 

l urolled 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 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 mtermtionbl Diotloaary as: "Permlssloa to be speat .I b 

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 contiaUOU81J. Xi a Sireman served oae year coatlnuously and 8ccepts a leave of absence, he would be entitled to benefits 

oa his return to dut7, slase hs has never severed his connection with the depart-at but has only been absent by psrmisrion, If at the tLme he accepted a leave of l 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 flrep1ll0 duly enrolled In any regularly 8ctlve flr0 depart-at in any oity or town ia the Wats, aov 

vithln:or that may hereafter ooste vlthla the hovlsloa; 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 
-~-A.. . -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 Trustees my be proper and eomseasurate vith the degree of dlsabllity) provided Purthsr, that if and 

vhen sueh disability shall cease, such retiremea$ 

or disability l llowaaee shll be dlscoatinued aad 

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.” (Undersooriag ours) 

In atxsver to your seooud questloa, it is our OpLnion that the applicant would be eligible for dlsabllity benefits ii he beoame disabled from any Cause, if it Is shovn that 

he became disabled vhen In and/or in soaswuenae of PerfOrmante of his duty. The faot that he has preolously~beea examined by tb ezuaiaiag physleian vho found. evidence of rt!SPlratory 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 dirabled,. 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 

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