Overton

Petitioner appeals following denial by the superior court of her petition for a writ of mandate under section 1094.5 of the Code of Civil Procedure. The petition was filed following action by the State Personnel Board affirming petitioner’s dismissal for medical reasons pursuant to section 19253.5 of the Government Code. Petitioner contends the findings of the State Personnel Board are not supported by substantial evidence and that section 19253.5 of the Government Code is violative of procedural due process as set forth in the Fourteenth Amendment of the United States Constitution and section 13 of article I of the California Constitution.

Petitioner was employed in the license section of the Department of Fish and Game from December 1968 until her termination on February 9, 1973. During the year 1972, petitioner was absent from work approximately 34 percent of the time because of difficulties with her back.

In November 1972, pursuant to the provisions of subdivision (a) of section 19253.5 (fn. 1, below) the department had petitioner examined by a physician. The physician’s report was submitted approximately three weeks later. In connection with the examination the…