PEARL v. WORKERS' COMP. APPEALS BD.

No. S090553.

109 Cal.Rptr.2d 308 (2001)

26 Cal.4th 189

26 P.3d 1044

Rodney Scott PEARL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Board of Trustees of the California State University, Respondents.

Supreme Court of California.

July 19, 2001.


Attorney(s) appearing for the Case

Lemaire, Faunce, Pingel & Singer, Edward L. Faunce, Cerritos, Steven R. Pingel, Seal Beach, and Larry J. Roberts, for Petitioner.

Joseph V. Capurro, San Jose, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.

Peter H. Mixon, Richard B. Maness, Kayla J. Gilland and Nathan D. Schmidt, Sacramento, for California Public Employees' Retirement System as Amicus Curiae on behalf of Petitioner.

Neil P. Sullivan, San Francisco, and Vincent Bausano, for Respondent Workers' Compensation Appeals Board.

Carlos Cordova, San Luis Obispo, for Respondent Board of Trustees of the California State University.


CHIN, J.

Petitioner Rodney Scott Pearl obtained disability retirement benefits from the Public Employees' Retirement System (PERS) for a job-related psychiatric injury. He subsequently petitioned the Workers' Compensation Appeals Board (WCAB) to determine whether the injury was industrial, entitling him to increased benefits. The WCAB, applying the substantive provisions of Labor Code section 3208.3, determined that the injury was nonindustrial. After considering...

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