FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Juanita Weiss
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the application for a Service-Connected Disability Retirement with Supplemental Retirement Allowance of Juanita Weiss- San Bernardino County - Probation.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden of proof to show that her permanent incapacity is service-connected. Therefore, the hearing officer is recommending the Board deny Applicant’s request for a service-connected disability retirement. Under SBCERA’s Procedures for Disability Retirement and Formal Hearings, Applicant and SBCERA’s counsel will have an opportunity to address the Board in closed session.
Procedural History:
At the June 2, 2022, meeting of the Board of Retirement, the Board found that Applicant is permanently incapacitated for the performance of duties and that a non-service connected disability retirement benefit be granted. The Board further found that Applicant is not capable of gainful employment and granted the supplemental disability retirement allowance, with an effective date of June 8, 2019, the day after the last day of regular compensation.
Following the initial Board’s decision, on June 3, 2022, Applicant filed an appeal for a service-connected disability retirement with supplemental disability retirement allowance and requested a Formal Hearing proceeding.
On January 24, 2023, Applicant submitted an Amendment to the Disability Retirement Application to include additional claimed injuries. On March 1, 2023, pursuant to Rule 13B (Allegation of New Injury or Disease) of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings, SBCERA mailed Applicant a Notice of Suspension of Administrative Appeal. The administrative appeal remained suspended until the amendment was processed.
At its September 7, 2023 meeting, the Board of Retirement approved Applicant’s amendment to her disability retirement application after determining that Applicant had provided sufficient evidence to establish good cause for permitting the amendment. Accordingly, the substance of the amendment was deemed included in Applicant’s disability retirement application as of the filing date of her original application.
On September 5, 2024, the disability retirement application with the amendment to include the additional claimed injuries was presented to the Board for consideration wherein the Applicant requested a service-connected disability retirement with the supplemental disability retirement allowance.
On September 5, 2024, the Board found that Applicant is permanently incapacitated for the performance of duties and that a non-service connected disability retirement benefit be granted. The Board further found that Applicant is not capable of gainful employment and granted the supplemental disability retirement allowance, with an effective date of June 8, 2019, the day after the last day of regular compensation.
Following the Board’s decision, on September 20, 2024, Applicant filed an appeal for a service-connected disability retirement and requested a Formal Hearing proceeding.
On July 23, 2025, Irene Ayala was assigned as the Hearing Officer, giving her 180 days up to and including January 20, 2026, within which to hold the formal hearing, receive all evidence, and close the record.
On December 12, 2025, Day 1 of the Formal Hearing proceeding was held, and the testimony of Applicant was taken. At the conclusion of the hearing, the parties agreed to schedule additional dates to accommodate witness testimony. Days 2 and Day 3 of the Formal Hearing were scheduled for February 23 and 24, 2026.
Because the additional hearing dates extended beyond the Hearing Officer’s existing jurisdiction, an extension was necessary. Accordingly, on January 6, 2026, the CEO granted an extension of the Hearing Officer’s jurisdiction through July 20, 2026, to accommodate the additional Formal Hearing dates and for the hearing officer to receive all evidence and close the record.
On February 23, 2026, Day 2 of the Formal Hearing was held. All witnesses testified, and a schedule was established for the submission of closing briefs. Day 3 of the Formal Hearing was subsequently vacated.
On July 17, 2026, SBCERA received the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommended Decision, dated July 17, 2026. On July 20, 2026, the parties were served with the Hearing Officer’s Proposed Findings of Fact, Conclusions and Recommendations, and were provided ten (10) days within which to file objections. No objections were filed by Applicant or Respondent, by the due date of August 3, 2026, deadline.
On August 8, 2026, Applicant’s counsel emailed SBCERA to inquire when the matter would be presented to the Board and stated that Applicant wished to address the Board regarding her permanent disability. SBCERA informed Applicant’s counsel that, because no objections had been received by the August 3, 2026, deadline, the matter was scheduled to be presented to the Board at the September 2026 Board meeting.
On August 10, 2026, Applicant’s counsel submitted a request for an extension of time to file objections to the Hearing Officer’s proposed findings and recommendations. Respondent SBCERA filed a response opposing the request, stating that SBCERA’s Procedures do not provide for an extension of the objection period and that Applicant’s request did not establish good cause, or any cause, for an extension.
On August 18, 2026, the Hearing Officer issued a ruling denying Applicant’s request for an extension of time to file objections. The Hearing Officer found that Applicant had failed to comply with Rule 29 of SBCERA’s Procedures and had not established good cause for an extension.
On August 18, 2026, Applicant’s counsel submitted a second request for an extension of time to file objections to the Hearing Officer’s Proposed Recommended Decision. Unlike the first request, the second request included a letter explaining the reason for the requested extension and asserting good cause for allowing additional time to file objections. Applicant’s counsel also submitted Applicant’s Objections to the Hearing Officer’s Proposed Recommended Decision with the second request.
Because the Hearing Officer had already ruled on and denied Applicant’s initial request for an extension to file objections, the second request for an extension and the accompanying objections were not submitted to the Hearing Officer for further consideration. Instead, Applicant’s counsel was advised that the matter would be presented to the Board for consideration at its October 2026 meeting.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s findings, pursuant to Government Code section 31534, upon receiving the final proposed findings and recommended decision of the referee, the board may, in the alternative:
(a) Require a transcript or summary of all the testimony, plus all other evidence received by the referee. Upon the receipt thereof, the Board shall take such action as in its opinion is indicated by such evidence, or
(b) Refer the matter back with or without instructions to the referee for further proceedings, or
(c) Set the matter for hearing before itself. At such a hearing, the Board shall hear and decide the matter as if it had not been referred to the referee.
Applicant for Applicant - Ian Mackins, Esq.
Attorney for Respondent - Christopher Lockwood, Esq.
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision, dated July 16, 2026
Exhibit C: Applicant’s Request for an Extension to File Objections to Hearing Officer’s Proposed Findings and Recommendations
Exhibit D: Respondent’s Response to Request for an Extension to File Objections
Exhibit E: Hearing Officer’s Ruling re Applicant’s Request for an Extension to File Objections
Exhibit F: Applicant’s Second Request for an Extension to File Objections and Applicant’s Objections to Hearing Officer’s Proposed Findings and Recommendation
Exhibit G: Applicant’s Closing Brief
Exhibit H: Respondent’s Closing Brief
Exhibit I: Applicant’s Reply Closing Brief
Exhibit J: Requests for Administrative Review of Initial Hearing
Exhibit K: Applicant’s Statement of Facts and Physician’s Report
Exhibit L: Department Statement of Facts
Exhibit M: Job Description, Physical Requirements Questionnaire