Calif. 2nd: Temporary Separation Not a Dismissal

An employee's temporary separation from work during a period of temporary disability is not a dismissal if the employer and the employee are contemplating a return to work after the disabling condition abates, the California Second District Court of Appeal has ruled. In Kelly v. County of Los Angeles, No. B176552 (7/26/06), the court certified for publication an opinion involving Los Angeles County licensed vocational nurse Consta Kelly. Kelly worked for the Rancho Los Amigos Medical Center (RLAMC), a Los Angeles County hospital. In 1991 she injured her lower back helping a patient into a ...