Newman

This appeal is by an Oakland police officer who, after sustaining a gunshot wound to his right wrist while on duty, was mandatorily retired for disability on Februaiy 1, 1974.

Two years later, the Oakland Police and Fire Retirement Board (hereinafter board) voted to reinstate him to active duty, thus terminating his right to receive his disability pension; this, although it was stipulated at the hearing before the board that there had been no improvement in the condition of his wrist, and that his impairment and the loss of the functional use of his right hand were still exactly the same as they had been at the time of the original award.

The board’s action was based entirely on a change of policy in the Oakland Police Department with regard to the standards under which disabled policemen might be recalled for active duty. A so-called “full range of duties” standard was in effect at the time that he had been hired as a police officer and was still in effect when he was placed on disability retirement. Under its provisions, appellant could not have been called back to active duty unless he recovered to the extent that he could perform all of the regular duties of a…