McGriff v. County of Los Angeles

In McGriff v. County of Los Angeles (1973) 33 Cal. App. 3d 394, the Los Angeles County Civil Service Commission, in an uncontested proceeding, terminated the employee as a business machine operator in the Department of Public Social Services. The county ultimately released her due to medical incapacity and she applied to the Board of Retirement of the Los Angeles County Employees Retirement Association for disability. After a fully contested hearing, the retirement board denied her application on the grounds she was not permanently disabled from performing the duties of her position. The Department of Public Social Services declined to reinstate the employee to her former position and she successfully petitioned the superior court for a peremptory writ of mandate to compel reinstatement. ( Id. at pp. 395-397) McGriff affirmed the court's reinstatement ruling and found the County of Los Angeles was bound by section 31725. McGriff noted the purpose of section 31725 was to eliminate severe financial consequences to an employee resulting from inconsistent decisions between an employer and the retirement board as to whether a particular employee is incapacitated and unable to perform the duties of his or her position. ( McGriff, supra, 33 Cal. App. 3d at p. 399.) Prior to the enactment of these provisions, a local government employer could release an employee and the retirement board could deny the employee's request for a disability pension on the ground he was not disabled. As a result, an employee would be in the position of having neither a job nor a retirement income. McGriff held that section 31725 was enacted to remedy this problem. ( Id. at pp. 399-400.) McGriff concluded that pursuant to section 31725, the county was obliged, following the determination of no disability, to grant retroactive reinstatement to the employee.