Freeman v. Long Beach Civil Serv. Com.
Appellant Jerry Freeman was a firefighter for the City of Long Beach. He applied to the Long Beach Civil Service Commission for a service retirement pending industrial disability retirement pursuant to Government Code section 21151, effective May 2005, based on his history of melanoma. After he was examined by the Occupational Health Physician for the City's Department of Health and Human Services, Dr. Irene Grace, the Long Beach Civil Service Commission found that appellant was not incapacitated for the performance of duty and that he could return to work, subject to certain restrictions. His application for a disability retirement was denied. Appellant appealed the denial to the Long Beach Civil Service Commission and, in accordance with Commission rules, a hearing took place before an administrative law judge. The administrative law judge found that appellant had not proven by a preponderance of evidence that he was substantially incapacitated from performing his usual duties. The Commission approved the judge's findings and denied appellant's disability retirement. Appellant petitioned the superior court for a writ of mandate pursuant to Code of Civil Procedure section 1094.5. The superior court denied the petition on the grounds that the weight of evidence supported the decision of the Long Beach Civil Service Commission.
The decision of the trial court is affirmed.
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