State ex rel. Sales v. Ohio Public Employees Retirement Board

The Supreme Court reversed the judgment of the court of appeals granting a writ of mandamus compelling the Ohio Public Employees Retirement Board (the OPERS board) to grant Appellee membership status and service credit in the Ohio Public Employees Retirement System and denied the writ, holding that there was "some evidence" to support the OPERS board's conclusion that Appellee was an independent contractor rather than a contract employee.The OPERS board found that Appellee was an independent contract under Ohio Adm.Code 145-1-42. The court of appeals granted Appellee a writ of mandamus, concluding that the OPERS board abused its discretion in finding that Appellee was an independent contractor. The Supreme Court reversed, holding that the language of Appellee's contract, the fact that he was required to submit invoices in order to be paid for his work, and his ineligibility for benefits that were available to contract employees satisfied the "some evidence" standard supporting the conclusion that Appellee was an independent contractor. View "State ex rel. Sales v. Ohio Public Employees Retirement Board" on Justia Law