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AFZAL v. PERB

800473; A140775.

246 P.3d 5 (2010)

239 Or. App. 284

Shadman AFZAL, Petitioner, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Nelson R. Hall , Portland, argued the cause for petitioner. With him on the briefs was Bennett, Hartman, Morris & Kaplan, LLP.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Claimant filed an application with the Public Employee Retirement System (PERS) for disability retirement allowance after resigning from a 16-year career with Multnomah County. PERS administratively denied his claim, concluding that claimant was not entitled to a disability allowance because he failed to prove that he was disabled to such an extent that he was unable to perform "any work for which qualified." ORS 238.320(3); OAR 459-015-0005(1). After...

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