Newman

Real party in interest, California Highway Patrol (CHP), appeals from the judgment in an administrative mandamus proceeding setting aside a decision of the State Personnel Board (Board) which upheld plaintiff’s medical termination. The trial court concluded the Board’s decision was not supported by substantial evidence and remanded to the Board for further proceedings. We shall modify that portion of the judgment remanding to the Board and otherwise affirm.

I

Plaintiff began working for CHP on a permanent basis in February 1986. In 1988, she was classified an Office Assistant II. In March 1988, plaintiff began experiencing emotional problems and ceased working in May. From May until October 1988, plaintiff was on industrial disability leave.

Plaintiff began receiving psychiatric care from Dr. George Gross in June 1988. In his first report, dated July 27, 1988, Dr. Gross indicated plaintiff’s relationship with her superiors and stress of her job were such that she could not return to work. However, on September 28, 1988, Dr. Gross provided a release for plaintiff to return to “limited work duty (4 hrs/day)” beginning October 5.

Plaintiff returned to work at CHP on a…