Quintana

Quintana v. Board of Administration

Good Law
127 Cal. Rptr. 11·1976 Cal. App. LEXIS 1198·54 Cal. App. 3d 1018·41 Cal. Comp. Cases 908
Court of Appeal of CaliforniaJanuary 29, 1976Civ. 47131California1,706 words

Opinion

Opinion

Compton, J.

Ronald Quintana joined the California Highway Patrol in March of 1965. In February of 1966, while operating a Highway Patrol vehicle, he was involved in an accident and suffered physical injuries. He was off duty for a period of three months, assigned to limited duty for seven to eight months and thereafter returned to full duty, the first two months of which he served on regular patrol duty.

For the ensuing five years he was assigned to special public relations and investigative positions not involving regular patrol duty. Then in November of 1972, he was reassigned to patrol duty and in August of 1973, he filed an application for disability retirement.

Quintana contended, and in the administrative hearings, testified and offered medical evidence to the effect that, because of a pathology in his neck caused by the previous accident, he was unable to operate a patrol car for the extended periods of time required for patrol duty. On the other hand a doctor who was appointed to examine Quintana testified in those administrative proceedings that, while he detected the presence of a minimal or mild cervical disc disease he found no pathology that would interfere with the…

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