Faulkner

Petitioner Ronald W. Faulkner sought a writ of mandate (pursuant to Code Civ. Proc., § 1094.5) to compel the respondent Public Employees’ Retirement System to afford him a hearing on his appeal from an adverse determination of his claim for disability retirement benefits. The trial court denied the writ; petitioner appeals; we reverse.

Petitioner was employed by the City of Pomona as a police officer and sustained an injury during the course of his employment in 1966. On February 22, 1973, petitioner applied for disability retirement benefits. On June 12, 1973, he was advised by letter from respondent that his application for benefits had been denied, and that he had 30 days in which to appeal the decision. On or about June 26, 1973, petitioner sought legal representation by attorneys with respect to his appeal, taking the letter of denial to their office on that date.

On July 16, 1973, respondent received from petitioner’s counsel a request for a hearing on petitioner’s appeal. On July 20, 1973, respondent denied this request on the ground that the request for hearing had not been filed in timely fashion, i.e., within the 30-day period specified in the California…