Duarte

Duarte v. Cal. State Teachers' Retirement System

Good Law
232 Cal. App. 4th 370
Court of Appeal of CaliforniaDecember 15, 2014A135184California8,628 words

Opinion

Opinion

Reardon, J.

Jose A. Duarte (Duarte) appeals from the trial court’s denial of his petition for writ of administrative mandamus, through which he asserts that his application to the State Teachers’ Retirement System (known as CalSTRS) for disability retirement benefits has been improperly denied. After hearing, an administrative law judge (ALJ) upheld CalSTRS’s denial of Duarte’s application for benefits, concluding that CalSTRS had no choice but to deny Duarte’s application once he refused to complete the independent medical evaluation (IME) ordered by CalSTRS pursuant to section 24103, subdivision (b), of the Education Code. The trial court subsequently affirmed the decision of the ALJ. Duarte asserts on appeal that the trial court erred in concluding that he was ineligible for disability benefits under section 24101, subdivisions (a) and (c). He additionally argues that the doctrine of collateral estoppel bars CalSTRS from relitigating the issue of his disability because several other state agencies have already found him to be disabled. Because we conclude that Duarte cannot overcome his refusal to attend the IME ordered by CalSTRS in this case, we affirm.

I. BACKGROUND

A.…

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.