We note that the appointing authority never requested an independent medical evaluation, and did not present any medical testimony at the hearing that Marziale was permanently disabled or would not be able to resume his duties at some time in the future. The appointing authority directs us to Wilson v. New Orleans Police Department, 00-2484 (La.App. 4 Cir. 12/19/01), 804 So.2d 838, in which this court affirmed the termination of a police officer who was injured on duty and who never returned to full duty. Although we found that the appointing authority had put forth ample evidence concerning its policy of terminating officers who required more than temporary limited duty, the Wilson case is distinguishable from the case sub judice because Wilson had been deemed unable to ever return to full duty by his physician.
Id. at 625-26 (citations omitted).See also Wilson v. New Orleans Police Department, 2000-2484 (La.App. 4 Cir. 12/19/01), 804 So.2d 838; Palmer v. Department. of Police, 97-1593 (La.App. 4 Cir. 1/28/98), 706 So.2d 658.