Benedict v. KernCounty Employees Retirement Assn.
Last year, we reversed a writ of mandate in which the trial court had directed respondent Kern County Employees Retirement Association (KCERA) to award a service-connected disability retirement to appellant John H. Benedict. The court had failed to apply the independent judgment standard of review and had failed to consider KCERAs evidence. On remand, the trial court rejected its previous conclusion and denied the writ petition. This time, it considered all the evidence and found for KCERA. It did not, however, state that it applied the independent judgment standard of review. Instead, it explained that it found the evidence supporting KCERAs position to be substantial. Since it appears that the court has not applied the independent judgment standard of review, we feel constrained to reverse and remand.
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