Pearl

The Public Employees' Retirement Board (PERB) awarded petitioner Rodney Scott Pearl a non-industrial disability retirement for injury to his psyche. Pearl asserts his disability is industrial. If so, he is entitled to a higher disability retirement allowance.

A dispute whether the disability is industrial is decided by the Workers' Compensation Appeals Board (WCAB) under Government Code section 21166. [1] Pearl petitioned the WCAB for a finding of industrial disability. It found that Pearl's disability was not industrial under Labor Code section 3208.3, as amended. [2] Pearl now petitions for review of the decision of the WCAB.

We conclude the WCAB correctly applied workers' compensation law (WCL) in making its determination, and that amended section 3208.3 applies to Pearl even though he had a right to a pension prior to the amendment. We therefore deny the petition.

California Polytechnic State University hired Pearl as a police officer in 1990. In 1996, Pearl applied to the California Public Employees' Retirement System (PERS) for disability retirement under Government Code section 21151 for psychiatric injury caused by his employment. In March 1997, PERB…