In McCormick v. California Public Employees’ Retirement System, the Court held that employees are eligible for a disability retirement under the California Public Employees’ Retirement System due to a disability, when they can no longer perform their usual duties at the only location where their employer will allow them to work.  There plaintiff Cari McCormick worked as an appraiser for Lake County.  She developed certain medical symptoms that seemed to be caused by her office environment.  After her employer denied her request to work in a different location, she applied for disability retirement.  Adopting the decision of an administrative law judge (ALJ), the Board of Administration (Board) of the California Public Employees’ Retirement System (CalPERS) denied her application on the basis that her condition did not prevent her from performing her job duties at a theoretical different location. McCormick filed a petition for a writ of administrative mandate, which the trial court denied.  On appeal, McCormick claimed that the trial court’s decision must be reversed because it applied the wrong legal standard.  The Court of Appeal agreed. It held that employees are eligible for CalPERS disability retirement under Government Code section 21156 when, due to a disability, they can no longer perform their usual duties at the only location where their employer will allow them to work, even if they might be able to perform those duties at a theoretical different location.  It reversed the decision in favor of the employee.

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