Heaton

Defendant and appellant Marin County Employees Retirement Board appeals from a judgment of the Marin County Superior Court ordering the issuance of a peremptory writ of mandate.

Issues Presented

1. The Legislature has not evidenced an intent that disability claims arising under workers’ compensation law and county employees’ retirement law be treated differently.

2. The courts have not determined that decisions under workers’ compensation law are not precedents with respect to the county employees’ retirement law.

3. If a test requiring 100 percent (or thereabouts) causation is not adopted, the retirement board’s right to hear disability claims will not be rendered meaningless.

4. This appeal is not frivolous.

Record

After more than nine years’ employment in the Sheriff’s Department of Marin County as a jail matron, respondent Mrs. Joy Heaton filed with appellant an application for service-connected disability retirement. Appellant granted her application reserving the issue of whether the disability was service-connected. Thereafter appellant appointed a hearing officer to determine that question. Hearings were held and the hearing officer filed his opinion…