O'Toole v. Retirement Board

In O'Toole v. Retirement Board (1983) 139 Cal. App. 3d 600, an officer who suffered a "bilateral inner ear injury" was able to work for six and one-half years as a public affairs officer and, as a practical matter, could have continued in that position indefinitely. The appellate court simply didn't buy the idea that the department's "paper policy" to the effect that there were no permanent limited duty positions was substantial evidence that there were no permanent limited duty positions in reality. (See id. at p. 605.)