CalPERS Disability Retirement Attorneys

Repeated Use-of-Force Investigations & CalPERS Disability Retirement Claims

Police officers and other public safety employees routinely work in circumstances that require rapid decisions under pressure, including decisions about whether and how to use force. When force is used, the incident may be followed by an extensive review involving written reports, interviews, body-camera footage, witness statements, supervisory review, and sometimes a formal internal investigation. For an officer who experiences numerous critical incidents over the course of a career, both the incidents themselves and the investigations that follow can contribute to a complicated occupational and medical history.

For some CalPERS members, that history eventually intersects with CalPERS disability retirement claims. An officer may develop physical limitations from injuries sustained during confrontations, psychological symptoms associated with repeated exposure to traumatic events, or a combination of conditions that makes continued performance of regular public safety duties increasingly difficult or impossible.

CalPERS disability retirement, however, is based on incapacity rather than simply the existence of an injury or medical diagnosis. A member generally must be substantially incapacitated from performing the usual duties of the position because of a medical condition of permanent or extended duration. When the disability is job-related and the member meets the applicable eligibility requirements, industrial disability retirement may also be available. For an employee whose medical condition has developed alongside repeated use-of-force incidents or investigations, documenting how that condition affects the actual requirements of the job can become a central part of the retirement claim.

Use-of-Force and CalPERS Disability Retirement Claims

Public safety work presents an unusual combination of physical and psychological demands. Police officers may be required to pursue or restrain suspects, respond to emergencies, drive at high speeds, carry equipment, remain alert for extended periods, and make consequential decisions in rapidly changing circumstances. A medical condition that might permit employment in a less demanding occupation may substantially interfere with the safe performance of police work.

For that reason, CalPERS disability retirement claims involving public safety employees require more than a diagnosis and a description of symptoms. CalPERS considers whether the employee is substantially incapacitated from performing his or her usual duties. Difficulty performing an occasional task is not necessarily sufficient; the medical evidence must establish the extent to which the condition interferes with the duties the employee is ordinarily required to perform.

Repeated use-of-force incidents can enter this analysis in several ways. An officer may have sustained orthopedic injuries during physical confrontations, experienced neurological or other physical consequences of an earlier incident, or developed psychological symptoms following repeated exposure to violence, threats, serious injuries, fatalities, or other traumatic events. Some employees have multiple conditions that become progressively more limiting over time.

The relevant medical and occupational history may therefore extend well beyond the most recent incident. Medical records, prior injuries, workers’ compensation claims, use-of-force reports, job assignments, treatment history, work restrictions, and the employee’s actual duties can all help establish how the condition developed and why continued performance of the position has become untenable.

When Use-of-Force Investigations Overlap With Disability

A use-of-force investigation and a CalPERS disability retirement proceeding address different questions, but the two processes can overlap in ways that require careful attention. An internal investigation may focus on whether an officer acted consistently with departmental policy, while a disability retirement proceeding examines whether a medical condition substantially incapacitates the member from performing his or her usual duties.

Complications can arise when an officer is already receiving medical treatment or working under restrictions while an investigation or disciplinary matter is pending. The officer may be considering retirement at the same time the employer is reviewing conduct, and decisions concerning resignation, separation from service, retirement, or the timing of an application may have consequences that are difficult to address later.

CalPERS procedures specifically contemplate circumstances in which disability retirement intersects with adverse employment actions. For local safety members, the applicable agency and CalPERS may require employment, investigative, disciplinary, and medical documentation when determining eligibility. The existence of an investigation does not by itself answer the medical question of disability, but neither should a pending employment matter be ignored when planning a retirement claim.

Employees facing both processes should therefore be cautious about treating disability retirement as an entirely separate administrative task that can be addressed after other employment issues have been resolved. The experienced CalPERS disability retirement attorneys at Cantrell Green can evaluate the timing and status of the various proceedings and help an employee understand how decisions made in one may affect the others.

Medical Evidence in CalPERS Disability Retirement Claims

Medical evidence is a critical component of CalPERS disability retirement claims, but useful medical documentation goes beyond identifying a diagnosis. CalPERS requires substantial incapacity from the performance of usual duties, and its guidance generally requires the disabling condition to be of permanent or extended duration, expected to last at least 12 consecutive months or result in death. Medical reports should therefore address both the nature of the condition and the functional limitations it creates.

For public safety employees, the relationship between those limitations and the actual job can be especially important. An officer experiencing impaired concentration, reduced situational awareness, significant sleep disturbance, restricted mobility, diminished physical stamina, or difficulty tolerating high-stress encounters may still be capable of many ordinary activities. The disability retirement question is whether the officer can reliably and safely perform the usual duties of the position.

CalPERS procedures for local safety disability determinations reflect this occupational focus. Required documentation includes information about the employee’s job duties and physical requirements as well as physician evidence. A medical report that explains how specific restrictions affect essential job functions is consequently more informative than one that merely lists diagnoses or symptoms.

The medical record should also be internally consistent. Treatment history, physician findings, work restrictions, reported symptoms, and the employee’s description of his or her limitations should collectively provide an accurate picture of the condition. When the history includes years of physical injuries or repeated critical incidents, assembling that record can require a careful review of evidence from several different sources.

Industrial Disability and Use-of-Force Cases

CalPERS distinguishes disability retirement from industrial disability retirement. Disability retirement may be available to an eligible member whose disabling condition prevents performance of usual duties regardless of whether the condition originated at work. Industrial disability retirement applies to qualifying members when the disabling illness or injury is job-related, subject to the applicable membership and employer requirements.

That distinction is particularly relevant to public safety employees whose medical histories include repeated use-of-force incidents. Establishing that a condition is disabling and establishing its occupational relationship are related but separate parts of the analysis. An officer may have extensive documentation of workplace incidents, but the medical evidence must still establish substantial incapacity under the CalPERS standard. Conversely, a serious medical condition may clearly prevent continued police work while presenting a more complicated question about whether the condition qualifies as industrial.

Workers’ compensation records may provide useful evidence because they can document workplace injuries, treatment, medical restrictions, and occupational causation. Nevertheless, a workers’ compensation determination does not automatically establish eligibility for CalPERS industrial disability retirement. The retirement system applies its own requirements and requires medical evidence supporting disability under those standards.

CalPERS also advises members that they do not necessarily need to wait until a workers’ compensation condition has been declared permanent and stationary before applying for disability or industrial disability retirement. For an employee who is already unable to perform regular duties, coordinating the timing of the two proceedings can therefore be important.

CalPERS Disability Retirement Attorneys and Complex Claims

A disability retirement case becomes more complicated when an employee is simultaneously dealing with medical treatment, workers’ compensation proceedings, an internal investigation, or potential disciplinary action. Each process serves a different purpose, yet the records and decisions generated in one proceeding may become relevant in another.

The skilled and experienced CalPERS disability retirement attorneys at Cantrell Green can review the employee’s medical history, job requirements, employment status, workers’ compensation records, and any pending administrative proceedings as part of a coordinated assessment of the retirement claim. This can be particularly valuable when a condition developed cumulatively over a long public safety career rather than following a single disabling event.

Legal guidance may also be important before an employee makes decisions concerning resignation or separation from service. CalPERS disability retirement has specific eligibility and procedural requirements, and an employee should understand how those requirements apply before assuming that a retirement application can simply be completed after other employment matters have concluded.

CalPERS Disability Retirement Attorneys

Repeated use-of-force incidents and investigations can become part of a complex medical and occupational history for police officers and other public safety employees. When an associated physical or psychological condition substantially prevents a CalPERS member from performing the usual duties of the position, disability or industrial disability retirement may provide important long-term protection.

The skilled and experienced CalPERS disability retirement attorneys at Cantrell Green help public employees navigate these claims, including cases in which disability retirement overlaps with workers’ compensation, administrative investigations, or employment issues. If a medical condition is threatening your ability to continue a public safety career, contact Cantrell Green to discuss your CalPERS disability retirement rights.

Free Consultation with a CalPERs Attorney: 562-622-4800

This article applies to members of  California Public Employees’ Retirement System (CalPERS); and does not reflect the rules, laws or regulations governing how other public retirement systems are administered. If you have question about another public employee retirement system, find your system, below – or call our attorneys at: 562-622-4800

Sources & Further Reading  

• CalPERS — Service & Disability Retirement
• CalPERS — Local Safety Agency Disability Retirement
• CalPERS — Local Safety Disability Retirement Resource Guide
• CalPERS — Disability Retirement Required Documents