Hanna

Hanna v. Los Angeles County Sheriff's Department

Good Law

102 Cal. App. 4th 887·125 Cal. Rptr. 2d 686·2002 Cal. App. LEXIS 4751·2002 Daily Journal DAR 11689·67 Cal. Comp. Cases 1320

Court of Appeal of CaliforniaSeptember 17, 2002B150425California3,720 words

Opinion

Johnson, J.

The Los Angeles County Employees Retirement Association, Board of Retirement (the Retirement Board) denied Robin L. Hanna’s application for disability retirement. Thereafter, Hanna filed a writ petition against her employer, the Los Angeles County Sheriffs Department, seeking reinstatement to paid status as a deputy sheriff. The trial court granted the petition.

The sheriffs department contends it does not have a duty under Government Code section 31725 to reinstate Hanna to paid status as a deputy sheriff because (1) the department did not “dismiss” her from employment, but offered to place her in another position consistent with the work restriction set forth in her workers’ compensation award and (2) the department filed its own application seeking disability retirement for Hanna, which is still pending before the Retirement Board. The department also contends Hanna’s petition is barred by judicial estoppel based on the inconsistent position Hanna asserted in her workers’ compensation case (i.e., she was permanently disabled and could not return to work as a deputy sheriff).

We conclude, once the Retirement Board’s decision denying Hanna’s application for disability…

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