Alvarez-Gasparin

Alvarez-Gasparin v. County of San Bernardino

Good Law
106 Cal. App. 4th 183·130 Cal. Rptr. 2d 750·2003 Cal. App. LEXIS 213·2003 Daily Journal DAR 1701·2003 Cal. Daily Op. Serv. 1352
Court of Appeal of CaliforniaFebruary 13, 2003No. E031606California1,655 words

Opinion

lead Opinion

Gaut, J.

*185 Opinion

1. Introduction

After plaintiff was denied a disability retirement from her employment with the County of San Bernardino (County), she filed a writ petition and a complaint seeking tort damages. In this opinion, we affirm the lower court’s judgment in favor of the County. We uphold the lower court’s ruling that plaintiff did not prove she was dismissed for disability within the meaning of Government Code section 31725. 1

2. Factual and Procedural Background

Plaintiff began working for the County in 1973. In 1978, she became a station clerk in the sheriff’s department. Her duties included typing, filing, data entry, dealing with the public, retrieving information, and searching and escorting female prisoners. Plaintiff suffers from carpal tunnel syndrome and degenerative disease. In 1987, she took medical leave for some months. Between October 1991 and November 1993, she again took medical leave, during which time she filed a workers’ compensation claim. In March 1992, the agreed medical examiner in the workers’ compensation proceeding diagnosed her condition as permanent and stationary and proposed that she be considered a qualified injured worker and provided…

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