# State ex rel. Schwaben v. School Employees Retirement System

> Ohio Supreme Court · August 7, 1996 · 76 Ohio St. 3d 280

URL: https://www.frixlaw.com/law-library/cases/6774470

## Case

- **Full name:** The State ex rel. Schwaben v. School Employees Retirement System
- **Court:** Ohio Supreme Court
- **Decided:** August 7, 1996
- **Citations:** 76 Ohio St. 3d 280
- **Precedential status:** Published
- **Opinion:** Concurrence by Stratton
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 18 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/6774470

## Opinion text

Stratton, J.,
concurring. I reluctantly concur in the majority opinion. It is well-written, well-reasoned, and the law. Its results, however, seem unfair and leave Schwaben in a Catch 22 — SERS declares her not disabled for the purposes of driving a school bus; the county health department declares her not qualified to drive a school bus. Schwaben is caught in a bureaucratic cross fire. However, this is not a remedy for the courts to fashion, but rather the legislature. The legislature, having created both government entities, is in the best position to harmonize the conflict. For us to do so would be to create duties or obligations on SERS or the school boards by judicial fiat. We are correct today in avoiding such a temptation. Therefore, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6774470. Public record. Not legal advice.