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CITY OF MARTINEZ v. W.C.A.B.

No. A080369.

102 Cal.Rptr.2d 588 (2000)

85 Cal.App.4th 601

CITY OF MARTINEZ et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Rhonda Bonito, Respondents.

Court of Appeals of California, First District, Division Two.

Review Denied March 21, 2001.

Attorney(s) appearing for the Case

James W. Giffin, Robert Cavallero, Mullen & Filippi, for Petitioners.

Randall Paddock, Recon Unit, Workers' Compensation Appeals Board, for Workers' Compensation Appeals Board.

Mark E. Gearheart, Gearheart & Otis, Pleasant Hill, for Rhonda Bonito.

Certified for Partial Publication.*

LAMBDEN, J.

In this case we hold that a municipality cannot invoke former Government Code section 21025.4 (hereafter Government Code section 21164)1 to retire a police officer without her consent on an industrial disability pension under the Public Employees' Retirement System (PERS) solely because her work-related...

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