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Case Name | Kelly v. County of Los Angeles | |
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Date | 07/26/2006 | |
Note | That the employee lacked employment-related income following the cessation of her vocational rehabilitation benefits was due to her own inaction, rather than the result of a termination. | |
Citation | 141 Cal.App.4th 910 | |
WCC Citation | WCC 31712006 CA |
Kelly's Employment with the County of Los Angeles Consta Kelly began working as a licensed vocational nurse (LVN) for the Rancho Los Amigos Medical Center (RLAMC), a Los Angeles County hospital, in 1979 and concurrently became a member of the Los Angeles County Employees Retirement Association (LACERA). The plan was silent as to whether the objective was to retrain Kelly for placement in another position with Los Angeles County or in private employment. Kelly's and Los Angeles County's Petitions for Writ of Mandate Seeking to Compel LACERA to Find Kelly Permanently Disabled Both Kelly and Los Angeles County filed petitions for writ of mandate in the trial court pursuant to Code of Civil Procedure section 1085 seeking to compel LACERA to reverse its ruling and find Kelly eligible for a disability retirement. Neither Kelly nor Los Angeles County appealed from the judgment. To be sure, the written vocational rehabilitation plan agreed to by RLAMC and Kelly is silent as to whether the plan's objective includes retraining Kelly for placement in a position with Los Angeles County.
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