Legal Opinion

Martinez v. Pub. Employees' Ret. Sys.

California Court of Appeal, 5th District

Decided April 4, 2019No. A153679PublishedCited by 2 opinions

1Opinion of the CourtRichman, J.

*1161Government Code1 section 21156, part of the Public Employees Retirement Law, has always equated disability with a state employee being "incapacitated physically or mentally for the performance of his or her duties." And ordinarily, a governmental employee loses the right to claim disability benefits if terminated for cause. A pair of decisions from the Third Appellate District carved out three exceptions to this general rule. First, under Haywood v. American River Protection Dist . (1998) 67 Cal.App.4th 1292, 79 Cal.Rptr.2d 749 ( Haywood ), a terminated-for-cause employee can still qualify…

2Cases cited16 opinions

  1. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  2. Fukuda v. City of AngelsCalifornia Supreme Court · 1999
  3. Nolan v. City of AnaheimCalifornia Supreme Court · 2004
  4. Mendoza v. Nordstrom, Inc.California Supreme Court · 2017
  5. Wolfe v. Dublin Unified School DistrictCalifornia Court of Appeal · 1997

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3Cited by2 opinions

  1. Gamerberg v. 3000 E. 11th Street, LLCCalifornia Court of Appeal · 2020
  2. Monroe v. Cal. Public Employees' Retirement SystemCalifornia Court of Appeal · 2026

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