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KUHN v. DEPARTMENT OF GENERAL SERVICES

Docket Nos. C011756, C013437.

22 Cal.App.4th 1627 (1994)

29 Cal. Rptr.2d 191

RUSSELL KUHN, Plaintiff and Appellant, v. DEPARTMENT OF GENERAL SERVICES, Defendant and Respondent. DEPARTMENT OF GENERAL SERVICES, Plaintiff and Appellant, v. STATE PERSONNEL BOARD, Defendant; RUSSELL KUHN, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

January 31, 1994.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Henry G. Ullerich, Assistant Attorney General, Richard Thomson and Vincent J. Scally, Jr., Deputy Attorneys General, for Plaintiff and Appellant in C013437 and for Defendant and Respondent.

No appearance for Defendant.

Darrell S. Steinberg for Plaintiff and Appellant in C011756 and for Real Party in Interest and Appellant.

[Opinion certified for partial publication.1]

OPINION

DAVIS, J.

Government Code section 19253.5 (undesignated section references will be to this code) authorizes an agency subject to civil service rules to determine if an employee is medically incapacitated for duty and then demote, transfer, or terminate the employee. Subdivision (h) accords the employee reinstatement rights upon rehabilitation...

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