Pacheco v. Board of Retirement

Opinion

FEINERMAN, P. J.

Appellant, Louis Pacheco, appeals from a superior court judgment denying his petition for an administrative writ of mandamus. The petition, filed pursuant to Code of Civil Procedure section 1094.5, sought an order directing respondent, Board of Retirement of the County of Los Angeles Employees’ Retirement Association (the Board), to award appellant a service-connected disability pension. (Gov. Code, § 31720.) We conclude that the trial court applied the correct standard for determining service-connected disability and that substantial evidence supports its conclusion that appellant’s disability is not service-connected. We therefore affirm the judgment.

Appellant commenced employment with Los Angeles County in 1971. Prior to that time he had experienced psychiatric disorders which were exac

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erbated by drug and alcohol abuse. Appellant had consulted with a psychiatrist, had joined Alcoholics Anonymous, and was drug and alcohol free at the time he commenced county employment. Appellant disclosed his prior medical history to county personnel officials who referred him to a counselor whom he saw intermittently throughout his county employment. He experienced psychological problems involving his relationships with coworkers from time to time throughout the period he worked for the county. He expressly recalled having such problems in 1976.

In January 1977, appellant injured his back while lifting a heavy object at work. He did not report the injury and continued to work until March 1977, when he injured his ankle in a fall at his home. He was immobilized for a period of time as a result of the ankle injury. During this time he also experienced back pain. His doctor discharged him to return to work around April 28, 1977. However, appellant’s back was now causing him severe pain. It was shortly after this that he first reported his January 1977 back injury and sought medical attention for it. He never returned to work after being incapacitated with the admittedly nonwork-related ankle injury.

Appellant applied for a service-connected disability retirement pension. Following a hearing, a referee determined that appellant was not orthopedically disabled, that he was psychiatrically disabled, but that the disability was not service-connected. The Board adopted the referee’s decision and awarded appellant a nonservice-connected pension.