Ex-Cop Loses Bid for New Disability Trial

An appeals court has denied a new trial for a former Santa Ana police officer who sued the city for permanent disability in 1988 and lost.

In rejecting a new trial for Kevin M. Sianez, the 4th District Court of Appeal noted last week that state law generally regards permanent disability as a physical injury, such as a back injury, but could also include a psychiatric disability. However, the court agreed with the original Superior Court decision that Sianez did not meet either of those criteria.

Assistant City Atty. Robert Wheeler said the case was a victory for law enforcement agencies statewide.

“Cases like this could lead to an abuse,” Wheeler said. “Every officer who is able-bodied, but who feels stressed out, could get this very lucrative benefit.”

According to interviews and court records, Sianez joined the department in 1981 but was accused of misappropriation of funds and untruthfulness in 1982. He was dismissed in 1983, but that decision was later reversed by the personnel board.

Sianez injured his ankle in 1984, and while on disability leave, decided to file for disability retirement because he did not feel comfortable returning to work, according to court documents.

The city denied Sianez’s request, and Wheeler said Sianez never returned to work.