Pellerin

This case presents a question of first impression under the County Employees’ Retirement Law of 1937 (Gov. Code, § 31450 et seq.): If an employee qualifies for a service-connected disability retirement based on a statutory presumption that his or her heart condition arose out of his or her employment, and the county employees’ retirement association awards the service-connected disability retirement because it cannot rebut the presumption, may the association at the same time issue a finding that the employment did not substantially contribute to the disability? The answer is no.

Appellant Richard Pellerin (Pellerin) evidently believes the finding has adverse tax consequences for him. The Kern County Employees’ Retirement Association’s reasons for defending the finding are unclear. In any event, regardless of what the parties’ motivations may be, the finding is a legal impossibility. Where an employee has established the applicability of the presumption, an agency must either rebut the presumption or find the disability to be service connected. These are the only options provided for by the statutes. We reverse the trial court’s order denying Pellerin’s petition for a…