Can a severely disabled person receive a disability retirement pension if he can perform a light duty assignment within the fire service?

California, United States of America


The following excerpt is from Craver v. City of Los Angeles, 117 Cal.Rptr. 534, 42 Cal.App.3d 76 (Cal. App. 1974):

We agree with the court in Barber v. Retirement Board, Supra, 18 Cal.App.3d at 278, 95 Cal.Rptr. at 659, that where there are permanent light duty assignments [42 Cal.App.3d 80] and a person who becomes 'incapacitated for the performance of his duty . . . shall be retired,' that person should not be retired if he can perform duties in a given permanent assignment within the department. He need not be able to perform any and all duties performed by firemen or, in the instant case, policemen. Public policy supports employment and utilization of the handicapped. (Barber v. Retirement Board, Supra.) If a person can be employed in such an assignment, he should not be retired with payment of a disability retirement pension.

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