Abshear

Appellant Teachers’ Retirement Board of the State of California (the Board) denied respondent Sharon Abshear’s application for a disability allowance, even though an injury suffered by Abshear undisputedly prevents her from performing her duties as a physical education teacher. The Board justified its denial on the grounds that Abshear could become qualified as a classroom teacher within a reasonable period of time. Applying its independent judgment to the record produced at the administrative hearing, the trial court rejected the Board’s decision, and issued a writ of mandate commanding the Board to grant Abshear’s application for disability. We affirm.

Facts

Beginning in 1962, Sharon Abshear taught physical education at the East Whittier City School District. Her duties required her to supervise and demonstrate physical activities to her students, which meant that she had to stand or walk most of the time. She has never taught any course other than physical education during her teaching career.

In the fall of 1984, Abshear fell and severely twisted her right knee while performing her duties as a physical education teacher. She was unable to work for eight weeks.…