Stephens v. County of Tulare

Filed 5/25/06

IN THE SUPREME COURT OF CALIFORNIA

JOHN STEPHENS, )

)

Plaintiff and Appellant, )

) S129794

v. )

) Ct.App. 5 F044123

COUNTY OF TULARE et al., )

) Tulare County

Defendants and Respondents. ) Super. Ct. No. 205376

__________ )

We must decide whether a county employee was dismissed for disability within the meaning of Government Code section 31725. If he was so dismissed, because the county board of retirement ruled he was not entitled to a disability retirement the county would be required to reinstate him to his old job, together with back wages and benefits. Because we conclude the trial court ruled correctly that the employee was not dismissed from his job, we reverse the decision of the Court of Appeal.

Facts

John Stephens began working for the Tulare County Sheriff-Coroner as a detention specialist III in December 1994. He was assigned to the Bob Wiley Detention Facility, where his job entailed working on the floors with jail inmates, transporting inmates, and writing reports. His job also required him to carry a firearm. In the course of his duties, in 1995 he suffered an injury to his right thumb. In 1996 he injured his thumb again and spent some time away from work. When he returned to work, his employer modified his job to â€