Login


Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?
Case Name Bawaan v. Civil Service Commission of Los Angeles County
Date 09/11/2012
Note A municipal employer could rely on competent medical and legal evidence to conclude that an employee with severe, long-standing and debilitating psychiatric conditions was unable to perform her regular duties or any alternate position, and was not required to await resolution of her workers' compensation claim before medically releasing her from employment.
Citation B230200
WCC Citation WCC 39312012 CA
JANET BAWAAN, Plaintiff and Appellant, v. CIVIL SERVICE COMMISSION OF LOS ANGELES COUNTY, Defendant and Respondent; COUNTY OF LOS ANGELES, Real Party in Interest and Respondent. The court concluded, based on its independent review of the evidence presented during appellant's three-day administrative hearing before the Los Angeles County Civil Service Commission (the Commission) that appellant was properly medically released from her position with the Department of Mental Health (the Department) for the County of Los Angeles (the County) in 2003 because the evidence demonstrated that she had been totally disabled and unable to work in any capacity since 1995. By letter dated October 31, 2003, the Department informed appellant that effective that date, she was medically released "without prejudice" under Los Angeles County Civil Service Rule 9. 08. The notice reiterated that appellant had been medically released without prejudice under Los Angeles County Civil Service Rule 9. 08, effective October 31, 2003, and reiterated the reasons expressed in the 2003 letters. Although the rules at issue are Civil Service Rules, promulgated by the County, the normal rules of statutory construction apply.

Download full case here.