Sheaffer v. Bd. of Retirement San Joaquin Couty
Timothy A. Sheaffer appeals from denial of his petition for a writ of mandate to set aside the decision denying his application for industrial disability retirement or to reinstate him to his former position as a deputy district attorney. He contends the trial courts decision is procedurally flawed because the court refused to grant his request for a statement of decision and without one it cannot be ascertained that the trial court employed the proper standard of review. As to the merits, Sheaffer contends the evidence established his psychological disability was permanent and service-connected, or if the evidence was insufficient, the Board of Retirement of the San Joaquin County Employees Retirement System (the Board) had a duty to develop a fuller record on these issues.
Court find the trial court erred in failing to issue a statement of decision. Although such a failure is often treated as reversible per se (Miramar Hotel Corp. v. Frank B. Hall & Co. (1985) 163 Cal.App.3d 1126, 1129 (Miramar Hotel)), in this case Court find no miscarriage of justice permitting a reversal. (Cal. Const., art. VI, 13.) The only evidence offered as to the permanence of the disability, that it lasted three years without treatment, is legally insufficient to establish a permanent disability. Since Sheaffer failed to establish a permanent disability, the trial court did not err in denying the petition for a writ.
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