GUTIERREZ v. BOARD OF RETIREMENT

Docket No. B113292.

62 Cal.App.4th 745 (1998)

NORMA GUTIERREZ, Plaintiff and Respondent, v. BOARD OF RETIREMENT OF THE LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

March 26, 1998.


Attorney(s) appearing for the Case

COUNSEL

David L. Muir and Margaret L. Oldendorf for Defendant and Appellant.

Lewis, Marenstein, Wicke & Sherwin and Thomas J. Wicke for Plaintiff and Respondent.


OPINION

VOGEL (MIRIAM A.) J.

A county employee applied for and was granted non-service-connected disability retirement benefits, which he received until his death about two years later. Thereafter, the employee's widow continued to receive monthly benefits (about 60 percent of the amount her husband had received). Two years after the employee's death, the widow claimed that her husband's illness and death had been service-connected...

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