Hoskinson v. Public Employes Retirement Board

This is a proceeding under ORS 237.171 in which petitioner applied to the Public Employes Retirement Board for a disability retirement allowance. ORS 237.171 provides that a state employe covered by the Public Employes Retirement Act who becomes disabled to the extent that he is unable to perform any work for which he is qualified shall, under certain circumstances, receive a disability retirement allowance. The amount of the allowance is less if the disability does not result from “injury * * * sustained while in actual performance of duty,”

The parties agree that petitioner is disabled…