California Court of Appeal

In determining whether a police officer or firefighter is mentally incapacitated under Government Code section 21156, the test is a lack of capacity to work in a similar position elsewhere in the state, not merely the lack of capacity to work in a given department with the particular personalities in that department.

Appellate Information

• Decided 12/26/2002
• Published 12/27/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Grancell, Lebovitz, Stander, Marx and Barnes, Norin T. Grancell, Los Angeles, and Lawrence Kirk, Sacramento, for Defendant and Appellant., Lemarie, Faunce, Pingel & Singer and Steven R. Pingel, Seal Beach, for Plaintiff and Respondent.