Martinez v. Contra Costa County Fire Protection District

Opinion

EMERSON, J.* 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 48501 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 did not appear at the meeting. Appellant was separated from his employment by respondent District on May 22, 1973, effective April 30, 1973, on the basis of the Retirement Board’s action. The salary payments paid to appellant pursuant to the provisions of section 4850 were terminated on April 30, 1973, and his disability retirement became effective on May 1, 1973. Appellant subsequently petitioned the Contra Costa County Superior Court for writs of mandate to annul the disability retirement and to reinstate his section 4850 benefits. The court concluded that respondents had proceeded lawfully; that Labor Code section 4850 does not guarantee one year’s leave of absence; that Government Code section 31724 does not preclude an employee from being retired prior to the expiration of his benefits under Labor Code section 4850; and that appellant’s retirement terminated his rights to benefits granted under section 4850. From the judgment denying his petition for a writ of mandate, Martinez has appealed.

Section 4850 Labor Code reads as follows: “Whenever any city policeman, city fireman, county fireman, fireman of any fire district, sheriff or any officer or employee of a sheriff’s office, or any inspector, investigator, detective or personnel with comparable title in any district attorney’s office, who is a member of the Public Employees’ Retirement System or subject to the County Employees Retirement Law of 1937 (Ch. 3 (commencing with Section 31450), Pt. 3, Div. 4, Title 3, Gov.C.) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled, regardless of his period of service with the city or county, to leave of absence while so disabled without loss of salary, in lieu of temporary disability payments, if any, which would be payable under this chapter, for the period of such disability but not exceeding one year, or until such earlier date as he is retired on permanent disability pension. This section shall apply only to city policemen, sheriffs or any officer or employee of a sheriff’s office, and any inspector, investigator, detective or personnel with comparable title in any district attorney’s office, who are members