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 Susp...
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