STEPHEN BALLINGER V CITY OF RIV - Laserfiche WebLink

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~'Y{ BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA ,JUl. n 6 2000 '.:LERK In the Matter of the Statement of Issues Re Application for Disability Retirement of: OAH No. L-1999090439 STEPHEN E. BALLINGER, Respondent, And, CITY OF RIVERSIDE, A enc PROPOSED DECISION Administrative Law Judge Greer D. Knopf, State of California, Office of Administrative Hearings, heard this matter in Riverside, California on March 7, 2000. Norin 1. Grancell, Grancell, Lebovitz, Stander, Marx and Barnes, Attorneys at Law, represented the City of Riverside. Debra adorn Kuttnauer, Law Offices of Mathew C. McCaawley, Attorneys at Law represented respondent Stephen E. Ballinger who was also present at the hearing. The record remained open for the submission of additional evidence by affidavit, which was received as exhibit C, and for the submission of briefs. The record was closed and the matter was submitted on May 22,2000. FACTUAL FINDINGS I. In December, 1998, respondent Stephen E. Ballinger (hereinafter referred to as "respondent") filed an application dated December 1, 1998 with the Public Employees' Retirement System (hereinafter referred to as "PERS") for disability retirement from the City of Riverside (hereinafter referred to as "the City"). Respondent seeks disability retirement from his former position with the City as a Fire Captain with the City of Riverside Fire Department (hereinafter referred to as "the Fire Department"). Respondent sought retirement disability on the basis of cardiac disease. 1 .,