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California Court of Appeal


Porter v. Board of Retirement, G047507

In a dispute involving payment of disability retirement to plaintiff by defendant, the trial court did not err in relying on Government Code section 31646.1 to find workers' compensation benefits did not qualify as "compensation" within the meaning of section 31724's statement that a disabled worker's retirement becomes "effective on the expiration date of any leave of absence with compensation to which he shall become entitled under the provisions of Division 4," and thus, plaintiff is not precluded in this case from receiving temporary total disability concurrently with her disability pension under the County Employees Retirement Law.

Appellate Information

  • Decided 12/18/2013
  • Published 12/18/2013

Judges

  • RYLAARSDAM

Court

  • California Court of Appeal

Counsel

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