# Kinsey v. Board of Trustees

> Ohio Supreme Court · March 14, 1990 · 49 Ohio St. 3d 224

URL: https://www.frixlaw.com/law-library/cases/6762264

## Case

- **Full name:** Kinsey v. Board of Trustees of the Police and Firemen's Disability and Pension Fund of Ohio
- **Court:** Ohio Supreme Court
- **Decided:** March 14, 1990
- **Citations:** 49 Ohio St. 3d 224; 551 N.E.2d 989; 1990 Ohio LEXIS 116
- **Precedential status:** Published
- **Opinion:** Concurrence by Holmes
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6762264

## Opinion text

Holmes, J.,
concurring in judgment. The board of trustees did not abuse its discretion in not finding relator to be permanently and totally disabled. The evidence is clear that relator is no longer able to be a fire fighter; however, I believe it also clear that there is ample evidence to support the board’s conclusion that relator can perform other jobs. Dr. Scheer, twice, and Dr. Goulder, once, found relator to be only partially disabled, and in view of relator’s work experience, the board properly determined him to be capable of engaging in any number of less strenuous occupations, as these physicians suggest. Therefore, the relator is not entitled to a writ of mandamus. However, I shall concur in the judgment of the majority here and agree to a remand which will allow the board to clarify its prior determination.
Moyer, C.J., concurs in the foregoing opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6762264. Public record. Not legal advice.