Lazan

1. Introduction

After plaintiff Michele Lazan was injured while on duty as a deputy sheriff for the County of Riverside (the County), she unsuccessfully filed an application for disability retirement. She later requested that the County file an application for disability retirement on her behalf under Government Code section 21153. When the County refused, Lazan filed a petition for writ of administrative mandate in the superior court. The court found that the County effectively separated Lazan when it found that her disability prevented her from being able to perform her job duties. The court issued a writ of mandate requiring that the County file the application.

On appeal, the County argues that it had no duty under Government Code section 21153 to file an application for disability retirement because it did not believe that Lazan was disabled. The County challenges the court’s finding that it separated Lazan because it had offered her an alternative position with the same rank and pay. The County also challenges the court’s ruling on attorney fees.

We conclude that the County had a duty to apply for disability retirement because, despite its claimed belief, the…