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STEPHENS v. COUNTY OF TULARE

No. S129794.

43 Cal.Rptr.3d 302 (2006)

38 Cal.4th 793

134 P.3d 288

John STEPHENS, Plaintiff and Appellant, v. COUNTY OF TULARE et al., Defendants and Respondents.

Supreme Court of California.

May 25, 2006.

Attorney(s) appearing for the Case

Thomas J. Tusan, Fresno, for Plaintiff and Appellant.

Kathleen Bales-Lange, County Counsel, Ron Rezac, Chief Deputy County Counsel, and Crystal E. Sullivan, Deputy County Counsel, for Defendants and Respondents.

Kathleen Bales-Lange, County Counsel (Tulare) and James G. Line, Deputy County Counsel, for Tulare County Employees' Retirement Association as Amicus Curie on behalf of Defendants and Respondents.

Raymond G. Fortner, Jr., County Counsel (Los Angeles) and Stephen R. Morris, Principal Deputy County Counsel, for California State Association of Counties and the California League of Cities as Amici Curiae on behalf of Defendants and Respondents.

WERDEGAR, J.

We must decide whether a county employee was dismissed for disability within the meaning of Government Code section 31725. If he was so dismissed, because the county board of retirement ruled he was not entitled to a disability retirement the county would be required to reinstate him to his old job, together with back wages and benefits. Because we conclude the trial court ruled correctly that the employee was not dismissed from his job, we reverse the...

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