Parker v. Public Employees’ Retirement System
This case arises under the Public Employees’ Retirement Law (PERL) (Gov. Code, § 20000 et seq.). Plaintiff Karen K. Parker applied for a disability retirement alleging she could not perform her job as a rehabilitation therapist at Napa State Hospital (Napa) due to a work injury that prevented her from controlling assaultive patients. After the California Public Employees Retirement System (PERS) denied her application, she filed an administrative appeal. An administrative law judge (ALJ) filed a proposed decision denying her appeal which the PERS Board adopted as its own. Parker then filed this successful administrative mandamus petition compelling PERS to grant her disability retirement application. PERS timely filed this appeal.
Although PERS purports to raise seven purely legal issues, it largely attacks the sufficiency of the evidence. The trial court was required to and did exercise its independent judgment on the evidence. We find no legal error and find the facts-
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