Thornburg

Thornburg v. Faunce CA4/3

Good Law
Court of Appeal of CaliforniaDecember 2, 2014G050299California8,327 words

Opinion

Opinion

FACTS

Undisputed Background Facts The City hired Thornburg as a police officer in 1994. In 1997, she was suspended for 30 days without pay after being convicted of driving while under the influence of alcohol (DUI). In November 1998, Thornburg injured her knee while on duty during pursuit of an armed robber. She initially was cleared to return to work in January 1999, but she soon felt unable to perform her required duties and was off work thereafter receiving further treatment. By July 1999, her doctor released her to return to work on modified duty. The City offered her a modified light duty position, which she accepted and she returned to work in a desk position in August 1999. Her duties thereafter largely involved driving to the courthouse, the district attorney’s office, and juvenile court. In November 1999, Thornburg prepared and submitted an application to the California Public Employees’ Retirement System (CalPERS) for an industrial disability retirement. The form CalPERS industrial disability retirement application specifically directed that local safety members were not to describe the nature of their disability or

2 how it occurred, and accordingly, Thornburg did not…

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