Legal Question in Administrative Law in California

Disability retirement in the state of Calif.

I have been to court representing myself requesting a service disability retirement. The city I work for is fighting it and I am appealing. The court process went well but now I need a closing statement within two weeks, I need to include cases that have been ruled on in favor of the respondent (me) regarding firefighters with heart conditions retiring on a medical disability, where can I find cases of this kind that I can include in my closing statement? I need as many as possible to prove that firefighters with diagnosed heart problems can not work in that field.


Asked on 4/27/07, 3:57 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Disability retirement in the state of Calif.

Here are a few. I assume you know how to look them up at the law library. These cases will contain citations that will refer you to other cases for authority on particular points. There are many cases but Westlaw provided these ranked in order of significance in a search using "firefighter" "heart" "disability" and "retirement" as the search terms. Be cautious of emphasizing quantity of citations. All you really need is one, maybe two, cases that are directly on point. Using too many citations is distracting to the judge and very likely some of the cases are not directly on point.

Pellerin v. Kern County Employees' Retirement Association (2006) 145 Cal.App.4th 1099;

Geoghegan v. Retirement Board (1990) 222 Cal.App.3d 1525

Bianchi v. City of San Diego (1989) 214 Cal.App.3d 563.

Haywood v. American River Fire Protection Dist. (1998) 67 Cal.App.4th 1292.

Martinez v. Contra Costa County Fire Protection District (1975) 44 Cal.App.3d 321.

Puckett v. Orange County Board of Retirement (1988) 201 Cal.App.3d 1075.

For a reasonable fee, and with some other facts furnished, I'd be happy to read these cases and others and give you a memo on how they might apply to the issues in your case.

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Answered on 4/27/07, 6:14 pm


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