Alesi

Alesi v. Board of Retirement

Good Law
101 Cal. Rptr. 2d 81·2000 Cal. App. LEXIS 833·2000 Daily Journal DAR 11591·84 Cal. App. 4th 597·2000 Cal. Daily Op. Serv. 8758
Court of Appeal of CaliforniaOctober 31, 2000D033709California2,343 words

Opinion

Opinion

Huffman, J.

Plaintiff Charles Alesi appeals a judgment denying his petition for a writ of mandate (Code Civ. Proc., § 1094.5) to compel defendant Board of Retirement of the San Diego City Employees’ Retirement System (the Board) to set aside its decision denying him industrial disability retirement benefits. Alesi applied for a disability retirement after he became incapacitated by a knee injury. The Board denied Alesi’s application based on an adjudicator’s findings that Alesi’s employment with the City of San Diego (the City) “was not the substantial and significant factor in bringing out the permanent physical incapacities.” Alesi contends (1) the San Diego City Charter (Charter) mandates that a disability retirement be granted if the employee’s disability is a substantial result of employment; and (2) the Charter controls over a conflicting ordinance that Alesi interprets as allowing a disability retirement only if the employee’s disability was caused solely by an employment-related injury. We affirm.

Factual and Procedural Background

Alesi concedes that the court’s factual findings are supported by substantial evidence and therefore controlling. Accordingly, the relevant facts…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.