Does the term "incapacitated for the performance of duty" mean "substantial inability of the applicant to perform his usual duties"?
California, United States of America
The following excerpt is from Rodriguez v. City of Santa Cruz, H042280 (Cal. App. 2016):
6. The City does not challenge the trial court's construal of the term "incapacitated for the performance of duty," which means " 'the substantial inability of the applicant to perform his usual duties.' " (Rodriguez, supra, 227 Cal.App.4th at p. 1451, quoting Mansperger v. Public Employees' Retirement System (1970) 6 Cal.App.3d 873, 876.)
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