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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39139
Experience:  Retired (mostly)
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I filed for disability retirement in April 2011, last day of

Resolved Question:

I filed for disability retirement in April 2011, last day of pay from my employer was February 2009. My injury was caused on January 2008, between mid 2008 through the end of 2010 i was trying to return to work with my employer. I was unable to return to work due to my disability and was recently approved for disability retirement through California Public Employees Retirement System. I was told that i could possible get back pay from the last day i was on payroll until the day i got approved. i only got back pay from April 2011 and want to know if i am due the remainder of back pay from march 2009 until April 2011.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
In Riverside Sheriffs' Assn. v. County of Riverside, 193 Cal. App. 4th 20 (Cal. App. 4th Dist. 2011), the California 4th District Court of Appeal wrote: "the disability retirement laws 'are intended to alleviate the harshness that would accompany the termination of an employee who has become medically unable to perform his duties. (§ 20001).'"[citation omitted].

The indication of the court is that a public employer must bend over backwards to provide benefits to an employee who is medically disabled from performing his or her job. Thus, it appears that you have a viable case for the recovery of disability pay from the first date of your disability.

For a civil litigation attorney with CalPERS experience referral, see this link.

Hope this helps.

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