Anthony

Anthony v. Kizer

Good Law
1991 Cal. App. LEXIS 559·230 Cal. App. 3d 990·281 Cal. Rptr. 516·91 Daily Journal DAR 6307·91 Cal. Daily Op. Serv. 4042
Court of Appeal of CaliforniaMay 29, 1991B050663California3,272 words

Opinion

Opinion

Goertzen, J.

Gail Anthony appeals from the judgment entered in which the superior court denied appellant’s petition for writ of mandate to compel Kenneth W. Kizer, Director of the Department of Health Services, to set aside his decision denying her Medi-Cal disability benefits. (Code Civ. Proc., § 1094.5.) Appellant contends primarily that the trial court prejudicially erred by failing to consider whether a combination of appellant’s impairments equaled a listed impairment and by using an erroneous standard when it concluded appellant was not disabled.

Procedural History

Appellant applied for Medi-Cal disability benefits in November 1985, claiming she was unable to work because she suffers from systemic lupus erythematosus, pericardial effusion with chest pain and swelling in the elbow and knee. Her application was denied; and she, thereafter, requested a fair hearing. Following a hearing, the administrative law judge issued a proposed decision finding appellant disabled, granting her benefits and concluding that appellant’s impairments equaled a listed impairment. Because of dissatisfaction with that decision, respondent ordered another hearing be held for further review and…

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