California Court of Appeal

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Cal. Dep't Justice v. Bd. of Admin. Of Cal. Pub. Employees' Retirement Sys., B257492

In the DOJ's appeal from a judgment in favor of CalPERS, in an action concerning reinstatement to a peace officer position following disability retirement, the trial court's judgment is affirmed where: 1) CalPERS properly made its reinstatement determination based on the condition for which the employee received disability retirement; 2) DOJ has a mandatory duty to reinstate employee after CalPERS concludes she in no longer incapacitated; and 3) DOJ may not require employee to comply with conditions prior to reinstatement.

Appellate Information

  • Decided
  • Published 2015/11/12

Judges

  • KRIEGLER

Court

  • California Court of Appeal

Counsel