Johnson v. Civil Service Commission

Donald Michael Johnson appeals the judgment denying his petition for a peremptory writ of mandate seeking to set aside the civil service commission’s decision rejecting him as a firefighter on the basis of his spinal condition. Although the court correctly used substantial evidence as the standard of review, we conclude that after examination of the entire record there is insufficient evidence of solid and credible value to support the judgment. We therefore reverse with instructions to enter judgment in favor of Johnson.

Factual and Procedural Background

Johnson successfully completed the written civil service examination, physical abilities test and oral examination for admission to the San Diego City Firefighters Academy. After completing the 10-week firefighter’s course he was selected as a firefighter contingent upon passing the city’s medical examination. Dr. Coil’s examination revealed a spinal condition of bilateral spondylolysis with spondylolisthesis. This condition is a slippage between two of the vertigal bodies in the spinal column in which one of the vertigal bodies does not sit squarely on the vertigal body directly below it. As a result of this finding…