Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1971 NO. 14 > Apr 14 1971

(1) A local disability board may allow a member of the retirement system who has previously been granted a disability leave, to return to duty on a conditional basis and for a limited period of time as a method of determining whether he is unable to continue his service within the meaning of RCW 41.26.120, where the existence or nonexistence of a continuing disability has not been conclusively established to the satisfaction of the board by a medical examination.(2) Such a conditional return to duty does not entitle the member to a second six-month period of disability leave for the same disability if, based upon this trial period of service, he is then found still to be disabled; if this should occur, disability retirement is the proper benefit to be granted.