Le Blanc v. Swoap

16 Cal.3d 741 (1976) 548 P.2d 704 129 Cal. Rptr. 304 MARY LE BLANC, Plaintiff and Respondent,

v.

DAVID B. SWOAP, as Director, etc., Defendant and Appellant.

Docket No. S.F. 23329. Supreme Court of California. In Bank.

April 26, 1976. [742] COUNSEL

Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, Harold G. Friedman and Sheridan H. Brown, Deputy Attorneys General, for Defendant and Appellant.

Clifford C. Sweet and Thomas Schneider for Plaintiff and Respondent.

OPINION

RICHARDSON, J.

This case, a companion to Harlow v. Carleson, ante, page 731 [129 Cal. Rptr. 298, 548 P.2d 698], raises the issue of the proper standard of judicial review of an administrative decision terminating welfare assistance.

[743] Respondent Mary Le Blanc applied for benefits under the aid to needy disabled program and, in 1969, her application was approved. Medical experts diagnosed her as suffering from numerous physical or psychiatric disorders, including involuntary depressive reaction, hypertension, bronchitis, ulcer, and rhinitis. She was found unable to function either as a job holder or as a homemaker. In 1971, the state medical review team, reviewing statements of two physicians who had examined Le Blanc, determined that she was capable of employment and her benefits were terminated by appellant Director of the state Department of Social Welfare. Le Blanc then filed a petition for a writ of mandate, asking for reversal of appellant's decision. This writ was granted by the Superior Court of Alameda County, which held that "the decision ... is not supported by substantial evidence... thus establishing said disability as a matter of law, ..."