Wrong Standard Of Review Applied In Disability Retirement Petition For Writ Of Mandate.

In his first application for industrial disability retirement, a police officer said he could not work because of back pain. After his first application was denied, he submitted a second one stating he experienced PTSD [post-traumatic stress disorder], specifically flashbacks and nightmares about his combat experience during the Gulf War, early in his career with the police department. During the process following his second application, he said he now realizes that it is his PTSD, and not his back pain, which prevents him from working. Expressing no doubt about the police officer’s PTSD diagnosis, an administrative law judge [ALJ] concluded he failed to establish he is permanently incapacitated from performing the duties of a police station duty officer, which involves answering the telephone, scheduling meetings, acting as a hearing officer and signing fix-it tickets. After the City adopted the ALJ’s decision, the police officer filed a petition for writ of mandate to set aside the City’s determination. In denying the petition for writ of mandate, the superior court stated the ALJ’s decision was entitled to the “deference and respect due a judicial decision.” In reversing, the appellate court concluded the superior court applied the wrong standard of review, and remanded the matter for reconsideration under the independent judgment standard of review. (Rodriguez v. City of Santa Cruz (Cal. App. Sixth Dist.; July 17, 2014) 227 Cal.App.4th 1443, [174 Cal.Rptr.3d 826].)