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Afzal v. PERB

Summarized by: 

Date Filed: 06-05-2013
Case #: A149863
Hadlock, J. for the Court; Armstrong, P.J.; and Egan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A149863.pdf

Disability Law: Under ORS 238.320(1), to establish eligibility for a disability retirement allowance, a claimant must be mentally or physically incapacitated for an extended duration and thereby unable to perform any work for which qualified.

Afzal sought judicial review of the Public Employees Retirement Board's (PERB) order on remand. In Afzal v. PERB (Afzal I), the Court of Appeals reversed and remanded PERB's final order denying Afzal's request for disability retirement allowance. PERB reached the same conclusion on remand. Afzal contended that the order on remand relied on the same reasoning that was rejected in Afzal I, and that it was not supported by substantial evidence. Afzal worked as a community justice manager, in which he planned and approved detainments, searches, and actively participated in arrests. During his employment he developed Parkinson's, resigned from his position, and applied to PERS for disability retirement benefits. Under ORS 238.320(1), to establish eligibility for a disability retirement allowance, a claimant must be mentally or physically incapacitated for an extended duration and thereby unable to perform any work for which qualified. The Court of Appeals held that PERB's order on remand included new analysis, specifically the OAR 459-015-0010(4)(a) factors, and therefore did not impermissibly rely on the reasoning the Court of Appeals rejected in Afzal I. Further, the record included substantial evidence that Afzal's impairment would not prevent him from performing management work. Affirmed.