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| Case Name | Alberda v. Board of Retirement of Fresno County Employees' Retirement Assoc. | |
|---|---|---|
| Date | 02/20/2013 | |
| Note | A Fresno County deputy sheriff is getting a second chance at proving his entitlement to a service-connected disability retirement since the trial judge who upheld the administrative denial of his application applied the wrong standard of review to the Fresno County Employees' Retirement Association's decision. | |
| Citation | F064017 | |
| WCC Citation | WCC 39882013 CA |
ALBERDA v. BOARD OF RETIREMENT OF FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION THOMAS ALBERDA, Plaintiff and Appellant, v. BOARD OF RETIREMENT OF FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, Defendant and Respondent. The Board of Retirement of Fresno County Employees' Retirement Association (Board) denied Thomas Alberda's application for a service-connected disability retirement. The knee did not require ongoing treatment; Alberda passed his Fresno County pre-employment physical as well as the physical requirements of the law enforcement academy. On April 4, 2008, the Board denied the application and instead approved the grant of a non-service connected disability retirement if Alberda wished to apply for one. Dr. Morgan, a board certified orthopedic surgeon who also performed independent medical evaluations, examined Alberda on November 4, 2009, and prepared a report.
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Download full case here.
