Matlovsky

Matlovsky v. Board of Retirement

Good Law
149 Cal. App. 3d 1069·197 Cal. Rptr. 259·1983 Cal. App. LEXIS 2507
Court of Appeal of CaliforniaDecember 19, 1983Civ. No. 67767California844 words

Opinion

Lead Opinion

Kingsley, J.

Petitioner appeals from a judgment denying his petition for a writ of mandate to overturn a decision of the board denying him a service-connected disability retirement. 1 We reverse.

Petitioner was employed by the county as a medical photographer from 1939 until his retirement in 1976, except for a period of military service between 1942 and 1946. He claims to be entitled to the service-connected retirement because: (1) the stress and strain of the administrative responsibility connected with his job caused disabling tensions; 2 and (2) the job-connected requirement of standing six or more hours a day aggravated varicose veins in his legs, causing ulcers as well as debilitating pain.

*1071 The briefs here are directed primarily to the leg injury. The board relied on a report from one medical expert arguably adverse to petitioner and the trial court relied on that same report. 3 We conclude that both the board and the trial court erred and, therefore, reverse the judgment with directions to grant the writ.

The governing statute is section 31720 of the Government Code which, at the time of petitioner’s retirement and application for a pension—i.e., July of 1976—read in…

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