Tim Kinsey Defeats Industrial Disability Retirement Claim

Tim Kinsey successfully defeated Applicant’s claim for a CalPERS Industrial Disability Retirement, saving the City of Anaheim over $1,000,000. Applicant was a former Safety Officer for Anaheim and claimed that as a result of his alleged industrial injuries (which had previously been resolved via Compromise and Release), he was substantially incapacitated on an industrial basis and therefore was deserving of an IDR. Applicant was in his mid-30s and was not fully vested in CalPERS and therefore Anaheim would have been required to contribute a significant amount to the IDR over Applicant’s lifetime. The JAMS Judge concluded that because Applicant resigned before participating in Anaheim’s Mandatory Permanent Modified Duty program, he precluded the City’s ability to explore modified positions and therefore denied Applicant’s request for an Industrial Disability Retirement.

Great work, Tim!