Dodosh

Peter J. Dodosh became employed by the County of Orange as a deputy sheriff on February 9, 1979. During the course of his employment he was a member of the Orange County Employees Retirement System. Dodosh took a two-month leave of absence due to an injury Dodosh claimed occurred in the course and scope of his employment. Dodosh’s physician notified the county Dodosh could return to work, subject to certain work limitations for the first six weeks after returning. Dodosh, however, voluntarily resigned effective July 19, 1979, stating, in writing, he had accepted employment elsewhere which required his leaving the Orange County area August 3, 1979. He then, on July 20, 1979, applied for and received from the retirement system, a refund of all monetary contributions he had made to it. Dodosh sought a disability retirement allowance by signing and submitting an application form on or about July 10, 1980. The board of retirement of the retirement system determined Dodosh was not eligible to apply for a disability retirement and took no action on his application. Dodosh filed a petition for writ of mandate, which was denied by the trial court, and now appeals.

The sole issue…