FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Linda Baldwin
RECOMMENDATION:
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Approve and adopt the proposed amended findings and recommendations of the referee regarding the Disability Retirement of Linda Baldwin - Superior Court.
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BACKGROUND:
This matter is on consent calendar because the Applicant met her burden of proof to show that her permanent incapacity is service-connected. The Hearing Officer is recommending the Board approve the Applicant’s request for a service-connected disability retirement.
Procedural History:
At the August 4, 2022, meeting of the Board of Retirement, the Board determined that the applicant was incapacitated for the performance of duties and granted a disability retirement with an effective date of January 18, 2020, the day after the last day of regular compensation. The Board further determined that the applicant’s disability is nonservice-connected and denied the applicant’s request for service-connection.
On August 17, 2022, the applicant requested to proceed to a Formal Hearing. On November 29, 2023, the parties were served with the Hearing Officer’s Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Formal Hearing denying Ms. Baldwin a service-connected disability retirement.
On December 18, 2023, SBCERA received a request from applicant’s counsel requesting that the Board refer this matter back to the hearing officer for further proceeding or set this matter for hearing before itself, pending receipt of a medical report for the applicant.
On May 24, 2024, Ms. Oatman provided to SBCERA the medical report and requested that the new evidence be submitted to the Hearing Officer for consideration.
On August 1, 2024, the Board granted an extension of the Hearing Officer’s jurisdiction up to and including January 28, 2025, and remanded the matter back to the Hearing Officer to consider the new evidence presented by applicant.
On January 13, 2025, the Hearing Officer issued his Amended Summary of Evidence, Finding of Fact, Conclusions of Law and Recommendation after Formal Hearing and found that applicant’s disability retirement is service-connected. On January 28, 2025, the parties were served with the Hearing Officer’s Amended Findings of Fact. Neither party filed objections to the Hearing Officer’s recommendations.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s amended 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 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.
Again, staff recommends approving and adopting the Hearing Officer’s amended decision to grant Linda Baldwin a Service-Connected Disability Retirement.
Attorney for Applicant - Jane Oatman, Esq.
Attorney for Respondent, SBCERA - Ashley Dunning, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Amended Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Formal Hearing, dated January 13, 2025
Exhibit C: Hearing Officer’s Summary of Evidence, Suggested Findings of Fact and Conclusions of Law, and Recommendation, dated November 16, 2023
Exhibit D: Applicant’s Request to Refer Back to Hearing Officer for Further Proceeding Pending Receipt of Additional Medical Report
Exhibit E: Applicant’s Request for Referral Back to Hearing Officer for Further Proceedings Providing Report
Exhibit F: Notice of Remand and Letter of Instruction to Hearing Officer
Exhibit G: Applicant’s Closing Brief
Exhibit H: Closing Brief of Respondent SBCERA
Exhibit I: Applicant’s Reply Closing Brief