Legal Opinion

City of Martinez v. Workers' Compensation Appeals Board

California Court of Appeal

Decided December 15, 2000No. A080369PublishedCited by 13 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

LAMBDEN, J.

In this case we hold that a municipality cannot invoke former Government Code section 21025.4 (hereafter Government Code section 21164) 1 to retire a police officer without her consent on an industrial disability pension under the Public Employees’ Retirement System (PERS) solely because her work-related condition is “permanent and stationary” when the officer concomitantly is entitled to a leave of absence without loss of salary in lieu of maintenance allowance payments under Labor Code 2 section 139.5, subdivision (c) 3 while engaged in vocational rehabilitation pursuant…

2Cases cited19 opinions

  1. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  2. Ventura County Deputy Sheriffs' Ass'n v. Board of RetirementCalifornia Supreme Court · 1997
  3. Nickelsberg v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1991
  4. Mathews v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  5. LeBoeuf v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1983

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3Cited by13 opinions

  1. Department of Rehabilitation v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 2003
  2. Los Angeles County Professional Peace Officers' Ass'n v. County of Los AngelesCalifornia Court of Appeal · 2004
  3. Gamble v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2006
  4. Vera v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2007
  5. Beckley v. Bd. Of Admin CalPERS CA1/4California Court of Appeal · 2013

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