CA DOJ v. CalPERS
Annotate this CaseThe DOJ appealed from a judgment in favor of Angelita Resendez and CalPERS in an action concerning reinstatement to a peace officer position following disability retirement. Resendez was employed with the DOJ as a Special Agent Supervisor until she received industrial disability retirement for a spine condition as a result of several injuries sustained on the job. The court affirmed the judgment, concluding that CalPERS properly made its reinstatement determination based on the condition for which Resendez received disability retirement, DOJ has a mandatory duty to reinstate Resendez after CalPERS concludes she is no longer incapacitated, and DOJ may not require Resendez to comply with conditions prior to reinstatement.
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