Before one can be retired due to a disability under 31720, it must be established that the claimant's disability is permanent. In this situation, it is possible that the claimant's original injury may have worsened or improved. It would be necessary to await for medical reports addressing the petition to reopen before a determination of disability could be reached. Disability for a police officer requires incapacity pursuant to Gov. Code 21022. In the workers' compensation system, only when an individual is declared permanent and stationary.
Incapacity can be temporary, permanent, total or partial.
It is only when a claimant is declared permanent and stationary when there can be a determination of the extent of any permanent disability, if any. Gov. Code 20026-The disability must be a disability of permanent or extended period and uncertain duration. Temporary disability is the period prior to when an individual is declared permanent and stationary. Temporary partially disability is where an individual is not totally disabled and is often allowed to work with some restrictions. An individual's incapacity can only be determined when they are deemed permanently totally disabled or permanently partially disabled.