Rodriguez v. City of Santa Cruz
Annotate this CaseRodriguez, a former Santa Cruz police officer, had served in the Marine Corps during the first Gulf War as a demolition specialist, involved in multiple fire fights and required to collect the bodies of slain comrades. As a police officer, he was injured during a nighttime raid and continued to suffer pain after attempting to return to work. He applied to the city for industrial disability retirement, alleging psychiatric disability due to posttraumatic stress disorder (PTSD). Rodriguez testified to nightmares, drinking, and the destruction of his marriage. The city denied the application. The superior court upheld the denial. The court of appeal reversed, finding that the trial court applied the incorrect standard of review. The court likely did not apply the independent judgment standard in making its decision, and particularly in assessing Rodriguez’s credibility.
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