Ritchie
Ritchie v. Workers' Compensation Appeals Board
Opinion
Opinion
Dibiaso, J.
We hold that, under Labor Code sections 139.5, 4850, and 4853, an injured municipal police officer is not entitled to receive a vocational rehabilitation maintenance allowance after the effective date of his or her disability retirement under the Public Employees’ Retirement System (PERS).
Procedural History
On August 20, 1991, Rocky D. Ritchie (petitioner), then a police detective for the respondent City of Bakersfield (the City), sustained an admitted injury to his back. In February 1992, after approximately six months of physical therapy, petitioner asked to be returned to work on light duty. Before consenting to this request, the City required that petitioner be tested by a physician selected by the City. During the testing, petitioner sustained a further back injury. His condition was thereafter considered permanent and stationary. On April 26 or 27, 1992, petitioner was retired under PERS industrial disability retirement and began receiving retirement benefits.
Because petitioner was unable to return to his usual occupation, rehabilitation services were initiated. On April 27, 1992, petitioner was evaluated and declared suitable for such services. Petitioner…