Plaintiff Can’t Sue For Being Dismissed Due To Disability Because She Was Never Dismissed.

Plaintiff, a County employee, who suffered a back injury during her employment and claimed to be disabled, brought an action against the County under Government Code sections 31725 and 31721. The last sentence of section 31725 states in part:  “. . . the employer shall reinstate the member to his employment effective as of the day following the effective date of the dismissal.” The trial court granted summary adjudication and the appellate court affirmed, stating plaintiff’s “claims regarding being dismissed due to disability fail as a matter of law because the undisputed facts show that [plaintiff] was neither ‘dismissed’ by the County because of a disability, within the meaning of section 31725, nor ‘separated’ from employment by the County, within the meaning of section 31271. “ Mooney v. County of Orange  (Cal. App. Fourth Dist., Div. 3; January 11, 2013) 212 Cal.App.4th 865.