Denial of Disability Retirement Reversed
Stennett & Casino’s client was employed by the County of San Diego for over 10 years in a clerical position. She had to stop work because of an injury to her knee resulting from continued banging against a desk when she was placed in an awkward work station. Despite the fact that she underwent 4 unsuccessful knee surgeries that left her with severe standing and walking limitations and severe pain with extended sitting, the County asserted that it could accommodate her limitations and continue to provide her a sedentary position.
The County denied the client’s claim for disability retirement. The employee hired Stennett & Casino to represent her at a fact finding hearing. The primary issue was whether the employee had a “permanent incapacity” precluding her from performing work for the County. Stennett & Casino had the treating physicians focus on this issue and were able to convince the hearing officer that her constant pain and distress associated with her knee, no matter what position she was placed, precluded her from any full time employment. Client received her disability retirement benefits.