Watkins

—Thomas Lee Watkins appeals from an order denying his petition for writ of mandate and sustaining, without leave to amend, the demurrer by the City of Santa Ana.

Watkins was employed as a police officer by the City of Santa Ana from April 1972 through June 1981. In August 1982, he applied for workers’ compensation benefits with the Workers’ Compensation Appeals Board (WCAB) and for disability retirement benefits with the Public Employees’ Retirement System (PERS). The Board of Administration (board) for PERS forwarded the disability retirement application to the city for a determination of disability under section 21024 of the Government Code.

The city delayed determining Watkins’s incapacity to perform as a police officer pending the outcome of the WCAB claim. Apparently tired of waiting for the city to act, Watkins filed a petition for writ of mandate in superior court to compel the city to hold an evidentiary hearing and determine whether he was disabled. The city demurred, contending an evidentiary hearing was not required on an application for disability retirement.

Prior to the hearing on the demurrer, the acting city manager determined Watkins was not…