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ALBERDA v. BOARD OF RETIREMENT OF FRESNO COUNTY EMPLOYEES' RETIREMENT ASSN.

No. F064017.

214 Cal.App.4th 426 (2013)

153 Cal. Rptr. 3d 823

THOMAS ALBERDA, Plaintiff and Appellant, v. BOARD OF RETIREMENT OF FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, Defendant and Respondent.

Court of Appeals of California, Fifth District.

February 20, 2013.

Attorney(s) appearing for the Case

Thomas J. Tusan for Plaintiff and Appellant.

Kevin B. Briggs , County Counsel, and Michael R. Linden , Deputy County Counsel, for Defendant and Respondent.

OPINION

GOMES, J. —

The Board of Retirement of Fresno County Employees' Retirement Association (Board) denied Thomas Alberda's application for a service-connected disability retirement. Alberda filed a petition for a writ of mandate to set aside the Board's determination, which the trial court denied. On appeal, Alberda claims the trial court applied an incorrect standard of review: Instead of undertaking an independent determination...

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