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AFZAL v. PUBLIC EMPLOYEES RETIREMENT BOARD

071072; A149863.

303 P.3d 1008 (2013)

257 Or. App. 35

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

Court of Appeals of Oregon.

Decided June 5, 2013.

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.

Erin C. Lagesen , Assistant Attorney General, argued the cause for respondent. With her on the brief were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General.

Before Armstrong, Presiding Judge, and Hadlock, Judge, and Egan, Judge.

HADLOCK, J.

In Afzal v. PERB, 239 Or.App. 284, 293, 246 P.3d 5 (2010) (Afzal I), we reversed and remanded a final order in which the Public Employees Retirement Board (PERB) had denied claimant's request for a disability retirement allowance on the ground that he had failed to show that he was unable to perform any work for which he was qualified. See ORS 238.320(3) (conditioning...

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