Piscioneri
Piscioneri v. City of Ontario
Opinion
Lead Opinion
Hollenhorst, J.
The trial court granted a petition for writ of mandate which commands defendant City of Ontario (City) to immediately schedule a hearing on plaintiff’s applications for a disability retirement. The City appeals.
Facts
Mr. James Piscioneri was employed by the City as a firefighter from 1984 through 1987. On November 20, 1987, he filed an application for a disability retirement with the Public Employees’ Retirement System (PERS). PERS then notified the City to make a disability determination within six months, as required by former Government Code section 21025.1 (now § 21157).
On January 5, 1989, the city manager denied the application. The notice of determination states: “Although it has previously been determined medically and legally that Mr. Piscioneri has sustained a permanent disability as the result of his injuries on March 18, 1985 and May 22, 1985, constituting a psychiatric disability in the form of a slight phobia with respect to entering burning buildings, Mr. Piscioneri appears to be fully capable of performing the duties of Paramedic Coordinator which is a regular safety position in the Fire Department. Such position was offered to Mr. Piscioneri,…