Martinez

The respondents in this appeal are the Contra Costa County Fire Protection District (hereinafter District) and the Contra Costa County Retirement Board (hereinafter Retirement Board). The question presented is: May a disabled employee who is receiving salary payments pursuant to Labor Code section 4850 1 be involuntarily retired prior to the expiration of a one-year leave of absence?

Appellant Charles Martinez was employed as a firefighter by respondent District in October 1961. On August 24, 1972, he suffered a back injury which arose out of and occurred within the course of his employment.

*323 While on disability leave appellant was paid his full salary in accordance with the provisions of Labor Code section 4850. On April 2, 1973, respondent District submitted to the Contra Costa County Employees’ Retirement Association an application on behalf of appellant for a service connected disability retirement, pursuant to Government Code section 31721. Appellant had not requested and did not want this retirement, and sent letters to the retirement association in protest. The Retirement Board granted the above-mentioned application at its meeting on May 16, 1973; appellant…