Under A.C.A. Section 24-11-818 to -819 is the definition of "physically or mentally disabled" a total disability, unable to have gainful employment, or it just unable to perform the duties of a firefighter? ANSWER: Just unable to perform the duties of a fire fighter.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET STEVE CLARK HERITAGE WEST BUILDING (501) 371-2007 ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 December 19, 1986 Opinion No. 86-347 Senator Jay Bradford P.O. Box 8367 Pine Blutf, AR 71611 Dear Senator Bradford: The following official opinion is written in response to the following question: Under Arkansas Statute Ann. §19-2205 is the definition of “physically or mentally disabled" a total disability, unable to have gainful employment or it it just unable to perform the duties of a firefighter? Pursuant to Ark. Stat. Ann. §19-2205, the Board of Trustees of the Firemen's Relief and Pension Fund, may, upon the firemens request, or witnout such request if it deems it for the good of said department, retire such person from active service due to a physical or mental disability. In Hughes v. Firemen's Relief and Pension Fund, 231 Ark. 877, (1960), the Court, in commenting on the = physical disability aspect of a fireman, stated that his injury rendered him unable to perform work as a fireman. Although the case addresses issues other than the type of disability, the court did recognize in their comments that the application of the disability was to nis ability to perform the work of a fireman. Two emergency clauses to amendments to Ark. Stat. Ann. §19-2205 cite the urgent need for pensions for disabled fFlrreremen. The statute refers to being retired from and restored to active service. The legislative intent appears to be to provide pensions for firemen disabled and unable to perform these duties as firemen in order to encourage persons to perform the potentially dangerous duties which —, December 19, 1986 Senator Jay Bradford Page 2 are necessary for the public welfare. The dicta in Hughes Supports that rationale. Therefore, it is my opinion that the definition of "physical or mental" disability as used in Ark. Stat. Ann. §19-2205 is intended to address these firemen who are unable to perform their duties as a fireman. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General J. Mark Lewis, erA érijey General SC: JML: dc