Legal Opinion

Newman v. City of Oakland Retirement Board

California Court of Appeal

Decided April 27, 1978No. Civ. 40601PublishedCited by 9 opinions

1Opinion of the Court

Opinion

LAZARUS, J. *

This appeal is by an Oakland police officer who, after sustaining a gunshot wound to his right wrist while on duty, was mandatorily retired for disability on Februaiy 1, 1974.

Two years later, the Oakland Police and Fire Retirement Board (hereinafter board) voted to reinstate him to active duty, thus terminating his right to receive his disability pension; this, although it was stipulated at the hearing before the board that there had been no improvement in the condition of his wrist, and that his impairment and the loss of the functional use of his right hand were still…

2Cases cited20 opinions

  1. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  2. Kern v. City of Long BeachCalifornia Supreme Court · 1947
  3. Miller v. State of CaliforniaCalifornia Supreme Court · 1977
  4. Allen v. City of Long BeachCalifornia Supreme Court · 1955
  5. Dryden v. Board of Pension CommissionersCalifornia Supreme Court · 1936

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3Cited by9 opinions

  1. Atchley v. City of FresnoCalifornia Court of Appeal · 1984
  2. Maciejewski v. Town of West HartfordSupreme Court of Connecticut · 1984
  3. Brodsky v. Phoenix P.D. Ret. Sys. Bd.Court of Appeals of Arizona · 1995
  4. Gatewood v. Board of RetirementCalifornia Court of Appeal · 1985
  5. Winslow v. City of PasadenaCalifornia Supreme Court · 1983

4 more not listed; retrieve them via the Exa API.

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