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. Then, if there is a job analysis, a determination can be made if they have the capacity to perform their usual duties per the stated work restrictions in the permanent and stationary report. If there is no job analysis, testimonial evidence can be used to establish their usual duties. One is incapacitated if they are substantially unable to perform the usual duties of their job.