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PELLERIN v. KERN COUNTY EMPLOYEES' RETIREMENT ASS'N

No. F049335.

52 Cal.Rptr.3d 201 (2006)

145 Cal.App.4th 1099

Richard PELLERIN, Plaintiff and Appellant, v. KERN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, Defendant and Respondent.

Court of Appeal of California, Fifth District.

December 18, 2006.

Attorney(s) appearing for the Case

Elder and Berg, Richard E. Elder, Jr., Concord, for Plaintiff and Appellant.

B.C. Barmann, Sr., County Counsel, Jennifer Esquivel Zahry, Deputy County Counsel, for Defendant and Respondent.

OPINION

WISEMAN, J.

This case presents a question of first impression under the County Employees' Retirement Law of 1937 (Gov.Code, §§ 31450 et seq.)1: If an employee qualifies for a service-connected disability retirement based on a statutory presumption that his or her heart condition arose out of his or her employment, and the county employees' retirement association awards the service-connected disability retirement...

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