WCAB

In this case we hold that a municipality cannot invoke former Government Code section 21025.4 (hereafter Government Code section 21164) to retire a police officer without her consent on an industrial disability pension under the Public Employees’ Retirement System (PERS) solely because her work-related condition is “permanent and stationary” when the officer concomitantly is entitled to a leave of absence without loss of salary in lieu of maintenance allowance payments under Labor Code section 139.5, subdivision (c) while engaged in vocational rehabilitation pursuant to the express provisions of section 4850.

Petitioner City of Martinez (City) seeks review of the decision by the Workers’ Compensation Appeals Board (Board) ordering it to pay respondent Police Officer Rhonda Bonito (applicant) the balance of her one-year section 4850 benefits in lieu of maintenance allowance payments under section 139.5(c). City maintains applicant is not entitled to section 4850 benefits because the parties have stipulated applicant’s condition is permanent and stationary according to medical evidence. This stipulation gives it the unqualified right, argues City, to retire applicant…