Gonzalez v. Department of Corrections & Rehabilitation

Opinion

McKINSTER, Acting P. J.

Victor Gonzalez appeals an order denying a petition for a writ of mandate directing California’s Department of Corrections and Rehabilitation (the Department) to file an application for retirement disability benefits on his behalf after he became disabled for his functions as a correctional officer as a result of an on-the-job injury. The trial court held that the Department had no such obligation, but could instead medically demote Gonzalez to an available position for which he was qualified and not disabled, even though it was an entry-level clerical position…