Disability Pension Cases
In Weissman
v. Los Angeles County Employees' Retirement Association,
Thomas Wicke was able to successfully argue that a person could
apply for a service connected disability retirement after
previously taking a service pension. This published Decision
opened the doors for employees who became aware of their
disabilities after they retired to then attempt to convert their
service pension to a disability pension.
In Raygoza
v. County of Los Angeles, Thomas Wicke was able to
successfully argue to the Court of Appeal that Ronald Raygoza was
entitled to his job and retroactive benefits after his disability
retirement had been denied and the County of Los Angeles refused
to reinstate him to a position consistent with his work
restrictions. This case reienforced a prior Decision against the
County of Los Angeles handled by Michael Roberts in
Leili v. County of Los Angeles
where the Los Angeles County Fire Department failed to reinstate
Mr. Leili after work restrictions had been placed upon him by the
Workers' Compensation Appeals Board. Not only did Mr. Leili obtain
the right to his job, but also retroactive salary and benefits.
In Dakins
v. City of Los Angeles, Michael Roberts was successfully able
to argue that under article 18 of the Los Angeles City Charter, an
injured police officer or fire fighter could not be denied a
finding of service connection by the Fire and Police Pension
Commission when the injured worker had previously been granted
through workers' compensation a finding that the injury was
industrial. Dakins significantly strengthened the law that the
City of Los Angeles must treat its fire fighters and police
officers consistently by granting service connected disability
retirement when the City had previously granted workers'
compensation benefits.
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