Thompson
Thompson v. City of San Diego
Opinion
lead Opinion
Arguelles, J.
In this case, plaintiff, a police officer recruit who was injured in the course of his employment before completing his academy *1035 training, contends, inter alia, that defendant city erred in rejecting his application for a disability retirement pension without affording him a hearing on the application. Although the city defends its denial of a hearing on the ground that plaintiff’s application reveals on its face that plaintiff is ineligible for disability retirement under the applicable local ordinance, we believe the city’s contention rests on an unduly restrictive interpretation of the informal responses which plaintiff provided on the city’s brief retirement application form. Particularly in view of other information concerning plaintiff’s physical and mental condition of which the city was aware at the time the retirement application was filed, we conclude that the city should have held a hearing on the application and that plaintiff is entitled to an order compelling the city to afford him such a hearing. Because we do not know what the hearing will reveal, we express no view on the merits of plaintiff’s claim for disability retirement benefits.