Gourley v. City of Napa

In Gourley v. City of Napa (1975) 48 Cal. App. 3d 156 121 Cal. Rptr. 290, this court emphasized: "If the Legislature had intended to give a disabled employee an absolute right to leave of absence with pay for one year, in all probability it would not have included the words 'or until such earlier date as he is retired on permanent disability pension' in Labor Code section 4850." ( Id. at p. 161.) Moreover, "in like manner, if the Legislature had intended that the employee's retirement (and subsequent termination of his leave of absence under 4850) was to be at his option, it would not have included the wording 'is retired' in the subject statute." ( Id. at p. 162.) This decisional law is consistent with the involuntary retirement provision inherent in Government Code section 21164.