California Court of Appeal

Pellerin v. Kern County Employees' Ret. Ass'n, F049335

If an employee qualifies for a service-connected disability retirement based on a statutory presumption that his or her heart condition arose out of his or her employment, and the county employees' retirement association awards the service-connected disability retirement because it cannot rebut the presumption, then the association cannot issue a contemporaneous finding that the employment did not substantially contribute to the disability.

Appellate Information

• Decided 12/18/2006
• Published 12/18/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Elder and Berg, Richard E. Elder, Jr., Concord, for Plaintiff and Appellant.


• For Appellees:
  
• B.C. Barmann, Sr., County Counsel, Jennifer Esquivel Zahry, Deputy County Counsel, for Defendant and Respondent.