Cooper

Cooper v. Kizer

Good Law
1991 Cal. App. LEXIS 509·230 Cal. App. 3d 1291·282 Cal. Rptr. 492·91 Daily Journal DAR 6090·91 Cal. Daily Op. Serv. 3860
Court of Appeal of CaliforniaMay 23, 1991B049842California3,313 words

Opinion

Opinion

Epstein, J.

In this case we are asked to determine the appropriate standard of review of an administrative decision denying an application for Medi-Cal benefits for the disabled. Appellant challenges the adequacy of the administrative finding that he was not disabled. He also contends that he should have been found disabled within the applicable statutory guidelines. Respondent contends that the trial court properly exercised independent judgment in reviewing the administrative record pursuant to Code of Civil Procedure section 1094.5 and hence that the findings of the administrative law judge are not properly before us. We agree with respondent that the trial court properly exercised its independent judgment and decline to review the findings of the administrative law judge. In the unpublished portion of this opinion, we conclude that the trial court’s finding that appellant is not disabled is supported by substantial evidence. We therefore affirm the judgment.

Factual and Procedural History

We provide only a general summary of the factual and procedural history, reserving a detailed review of the facts regarding the asserted errors for our discussion of those issues.

Appellant…

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