Principles for Public Safety Employment

employee cannot be involuntarily retired for disability before the expiration of “4850” benefits or the time the WCAB declares the employee’s disability “permanent and stationary,” whichever is earlier. “Permanent and stationary,” for the purposes of Section 21164, means “medically permanent and stationary,” i.e., as determined by medical experts. 347 When an employee is separated from employment concurrently with a disability hearing, that separation must be treated like a disciplinary termination, entitling the employee to notice and a hearing. Riverside Sheriffs' Association v. County of Riverside In Riverside Sheriffs’ Association v. County of Riverside 348 , plaintiff Beatrice Sanchez, a Probation Corrections Officer was informed in December of 2007 that she would be working the graveyard shift. Thereafter, Sanchez brought in a doctor's note certifying that she had a medical condition which restricted her from working the graveyard shift, lifting more than 15 pounds, and working more than eight hours a day. The County initiated an interactive process to determine whether Sanchez’ medical condition could be accommodated. In October 2008, after determining that Sanchez could not perform the essential functions of her position with or without reasonable accommodation, the County unilaterally removed plaintiff from her position and placed her on unpaid status. The County eventually terminated Sanchez’ employment in April 2009 and denied her request for an administrative appeal of her termination pursuant to an MOU between the County and the Sheriff’ Association on the ground that she was not terminated for disciplinary reasons, but based solely on her medical condition.

The County later rescinded Sanchez’ termination in May 2009 and applied to the California Public Employees’ Retirement System (CalPERS) for disability retirement benefits on her behalf in July 2009. Sanchez petitioned the trial court for a writ of mandate directing the County to process her request for an administrative appeal of her termination pursuant to the terms of the MOU and under the POBR. Sanchez argued that she was able to work all shifts but the graveyard shift and that she had received no wages or benefits since she was removed from her duties in October 2008. Sanchez further argued that even though her termination was rescinded, she was not reinstated or placed on paid administrative leave, and she was not made whole for wages and benefits that she would have accrued but for her termination. The County opposed the petition on the grounds that it had rescinded Sanchez’ termination and her exclusive remedy was to appeal her disability retirement. The trial court granted the petition and the Court of Appeal affirmed. The Court reasoned that although the County rescinded Sanchez’ termination and applied to CalPERS for disability retirement benefits on her behalf, Sanchez

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 106