Walker

The State Personnel Board appeals a judgment of the superior court setting aside the dismissal of Sydney Walker III, M.D., from his position as Psychiatric Resident II with the Department of Mental Hygiene’s Neuropsychiatric Institute at the University of California at Los Angeles. The State Personnel Board found that Dr. Walker had been discourteous to fellow employees, and inefficient, within the meaning of Government Code section 19572 subdivisions (m) and (c).

The issue is whether the findings of the board were supported by substantial evidence. In determining the substantiality of evidence we must view the evidence in the light most favorable to the board and draw all legitimate and reasonable inferences in support of the Board’s findings. (Gubser v. Department of Employment, 271 Cal.App.2d 240, 245 [ 76 Cal.Rptr. 577 ].)

Discourtesy to Fellow Employees

Contrary to the conclusion of the superior court, we find sufficient evidence in the record to support the board’s finding that Dr. Walker had been discourteous to fellow employees (Gov. Code, § 19572, subd. (m)).

Dr. Gottlieb, a staff psychiatrist at the Neuropsychiatric Institute, supervised Dr. Walker. He…