Levingston
Levingston v. Retirement Board
Opinion
Opinion
Gilbert, J.
The Retirement Board of the Santa Barbara County Employees’ Retirement System appeals a judgment in administrative mandamus that directs it to grant a disability retirement to Fairy Levingston. The trial court’s findings are final. The board does not have a second opportunity for another hearing. (Code Civ. Proc., § 1094.5.) We affirm.
Facts
On July 25, 1991, Fairy Levingston sought a disability retirement from Santa Barbara County Employees’ Retirement System, claiming a permanent disability due to progressive rheumatoid arthritis. (Gov. Code, § 31720.) A year later, she amended her application for disability retirement to claim the disability was service connected.
At the time of her application for disability retirement, Levingston was 40 years old and had suffered from progressive rheumatoid arthritis for 8 years. The disease mostly affected her wrist, hands, and feet, but at times, other joints were involved. Despite daily medications, Levingston described her pain level as between five and six on most days, on a scale of one to ten. During the prior eight years, Levingston tried braces and splinting of affected joints, gold injections, massage, acupuncture,…