Hegwer

Hegwer v. Board of Civil Service Commissioners

Good Law
1992 Cal. App. LEXIS 541·5 Cal. App. 4th 1011·7 Cal. Rptr. 2d 389·92 Daily Journal DAR 5486·2 Am. Disabilities Cas. (BNA) 164
Court of Appeal of CaliforniaApril 24, 1992B057761California5,308 words

Opinion

Opinion

Fukuto, J.

Introduction

Appellant, Kathleen Rebecca Hegwer, is a paramedic for the Los Angeles City Fire Department (hereinafter, the Department). She sought judicial review of a Los Angeles City Board of Civil Service Commissioners’ (hereinafter, the Board) decision which affirmed two suspensions without pay imposed for her failure, on two different occasions, to maintain proper levels of physical fitness and lose two pounds per month as required by the Department’s compulsory weight control program. This appeal is from the superior court’s denial of the petition for peremptory writ of mandate. We affirm the judgment.

The Department Weight Control Program

For many years, the Department has enforced body weight limitations on its firefighters and emergency medical services (EMS) employees as a component of an overall physical fitness program. The Department’s Manual of Operation declares in capital letters that “Proper Weight Control Is a Condition of Employment With the Los Angeles City Fire Department.” (Los Angeles Fire Department Manual of Operation (rev. Dec. 1987) (hereinafter, Manual of Operation).) New Department hirees must meet obesity standards for trainee paramedics…

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