Alberda

The Board of Retirement of Fresno County Employees’ Retirement Association (Board) denied Thomas Alberda’s application for a service-connected disability retirement. Alberda filed a petition for a writ of mandate to set aside the Board’s determination, which file trial court denied. On appeal, Alberda claims the trial court applied an incorrect standard of review: Instead of undertaking an independent determination of whether Alberda’s disability was service connected, the trial court denied the petition after concluding substantial evidence supported the hearing officer’s finding on that issue. We agree with Alberda, reverse the order denying the petition, and remand the case to the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

Alberda began work as a full-time Fresno County deputy sheriff in 1993. Before his employment, Alberda had two surgeries on his right knee: The first, in 1981, was to repair damage he sustained when he dislocated his right knee while playing high school basketball; the second, in 1984, was to remove a chip in the right knee which occurred while playing basketball. The knee did not require ongoing treatment; Alberda passed his Fresno County…