Wieser

Wieser v. Board of Retirement

Good Law
152 Cal. App. 3d 775·1984 Cal. App. LEXIS 1706·199 Cal. Rptr. 720
Court of Appeal of CaliforniaMarch 5, 1984Civ. 68112California3,150 words

Opinion

Opinion

Lui, J.

Appellant Robert Wieser appeals from the judgment of the superior court denying his petition seeking the issuance of a peremptory writ of mandate compelling the respondent Board of Retirement of the County of Los Angeles Employees Retirement Association (Board) to grant him a service-connected disability allowance. For the reasons indicated below, we reject appellant’s contentions on appeal and affirm the judgment entered below.

Factual Background and Proceedings Below

Appellant was employed by the County of Los Angeles as a firefighter from September of 1952, until January 1978.

Appellant applied for a service-connected disability allowance from the Board pursuant to Government Code section 31720. By a letter dated January 8, 1980, the Board notified appellant through his counsel that his “application for disability retirement as a Safety Member because of a service-connected disability, was presented to the Board of Retirement at its meeting on January 2, 1980, and an order was made, finding that he is disabled but that his disability is not service-connected. [1f] He was, however, retired from service, under an unmodified nonservice-connected disability retirement…

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