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3855 A police officer seeking benefits for permanent disability from state service under the Public Employees Retirement Law, must show incapacity to perform such duties in any state position comparable to the last one the officer held, whereupon the burden shifts to the officer's former employer to show the officer's capacity and the availability of similar positions; if the former employer is unable to bear the burden, the officer is entitled to benefits.CitationNOLAN v CITY OF ANAHEIM (Code of Silence) 33 C4 335 [See: GovC 20000 etseq, 21156; City of Anaheim v Nolan (RevGrtd) 104 CA4 1170, T/AT 2/03]
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