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| Case Name | Herek v. Los Angeles County Employees Retirement Association | |
|---|---|---|
| Date | 10/30/2017 | |
| Note | A California appellate court upheld the denial of a former law enforcement officer’s claim for disability retirement benefits, finding substantial evidence supported a determination that he was not permanently incapacitated from duty. | |
| Citation | B275805 | |
| WCC Citation | Los Angeles County Super. Ct. No. BS155097 |
This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a). Â IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO . Â Â Â Â Â Â Â MICHAEL HEREK, Plaintiff and Appellant, . Â Â Â Â Â Â Â v. . Â Â Â Â Â Â Â LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION, Defendant and Respondent. . Â Â Â Â Â Â Â B275805 . Â Â Â Â Â Â Â (Los Angeles County Super. . Â Â Â Â Â Â Â Petitioner Michael Herek (petitioner) applied for a disability retirement from the Los Angeles Sheriffâs Department (Department), and his application was denied. Application for Disability Retirement . Â Â Â Â Â Â In February 2008, petitioner filed an application with respondent Los Angeles County Employees Retirement Associationâs Board of Retirement (the Board) for a disability retirement due to â[c]ardiovascular, high blood pressure, gastrointestinal, [and] backâ injuries. . Â Â Â Â Â Â ______________________, J. HOFFSTADT . Â Â Â Â Â Â We concur: . Â Â Â Â Â Â _________________________, Acting P. J. ASHMANN-GERST . Â Â Â Â Â Â _________________________, J. CHAVEZ
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