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Pearl v. Workers' Compensation Appeals Board6/26/2000
CERTIFIED FOR PUBLICATION
Proceeding on issuance of writ of review regarding decision of the Workers' Compensation Appeals Board. The petition is denied.
The Public Employees' Retirement Board (PERB) awarded petitioner Rodney Scott Pearl a non-industrial disability retirement for injury to his psyche. Pearl asserts his disability is industrial. If so, he is entitled to a higher disability retirement allowance.
A dispute whether the disability is industrial is decided by the Workers' Compensation Appeals Board (WCAB) under Government Code section 21166. Pearl petitioned the WCAB for a finding of industrial disability. It found that Pearl's disability was not industrial under Labor Code section 3208.3, as amended. Pearl now petitions for review of the decision of the WCAB.
We conclude the WCAB correctly applied workers' compensation law (WCL) in making its determination, and that amended section 3208.3 applies to Pearl even though he had a right to a pension prior to the amendment. We therefore deny the petition.
FACTS
California Polytechnic State University hired Pearl as a police officer in 1990. In 1996, Pearl applied to the California Public Employees' Retirement System (PERS) for disability retirement under Government Code section 21151 for psychiatric injury caused by his employment. In March 1997, PERB approved a non-industrial disability retirement. Pearl petitioned the WCAB for findings of fact pursuant to Government Code section 21166.
The workers' compensation judge (WCJ) considered the reports of two psychiatrists. Dr. Wells opined that "cumulative trauma in the work place represented fifty-one percent or more of all causal factors." Dr. Grattan, on the other hand, "ascribe twenty-five percent [of psychiatric injury] to the actual events and perceived stresses in his work . . . ." The WCJ found that Doctor Grattan's opinion was "well reasoned and indeed compelling" and determined that Pearl's disability was non-industrial under section 3208.3, as amended.
Pearl petitioned the WCAB for reconsideration arguing that section 3208.3 is inapplicable to disability retirement determinations under Government Code section 21166. Pearl argued in the alternative that if section 3208.3 applied, the version in effect at the time he was hired in 1990 is applicable. Pearl contended that if the amended version of the statute were applied to him, it would unconstitutionally impair vested pension rights.
The WCJ recommended denial of the petition for reconsideration on the grounds that section 3208.3 is incorporated into Government Code section 21166 and the amended version of section 3208.3 applies because Pearl's injury did not occur until after the effective date of the 1993 amendment.
The WCAB adopted this recommendation and denied Pearl's petition for reconsideration. Pearl filed a petition for writ of review. In February 1999, we denied the petition. Pearl petitioned the California Supreme Court for review. The Supreme Court granted the petition and transferred the case to this court. Upon transfer, we issued the writ. After consideration of its merits, we deny the petition.
DISCUSSION
The exclusive remedy available to challenge a decision of the WCAB is a writ of review. (§ 5950; Gov. Code, §§ 21168-21170.) Pearl asserts that this remedy denies him the right to independent review of a determination regarding a fundamental vested right and therefore this court should regard his petition as one for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) Pearl's argument is without merit. Government Code sections 21168-21170 require appellate cou
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