Associate Judge David A. Wiseman granted the writ of mandamus filed by Jesus A Arriola against Mark A. Aguon, the Fund’s administrator and chief executive officer.
Both parties appeared for a hearing on Jan. 22, 2009.
Arriola was represented by Jeanne H. Rayphand while Aguon was represented by James E. Hollman.
Arriola filed a second request for a writ of mandamus order instructing Aguon in his official capacity to immediately pay Arriola the sum of 66 2/3 percent of the salary he, Arriola, was receiving at the time of his disability and separation of service of the government, or from June 21, 2007 to present and continuing on the 15th and last day of each month pending final resolution of his claim for disability.
In Sept. 2008, the court denied Arriola’s request for a writ of mandamus because he was unable to comply with the requirements to obtain a certification from a vocational rehabilitation counselor.
Arriola filed the mandamus requesting that the respondent pay him disability retirement annuity, and that the respondent pay him as ordered by the hearing officer on Nov. 1, 2008.
Arriola said two pay periods have elapsed since the hearing officer’s decision yet the respondent has not made any payments to him.
Wiseman in his order stated that a mandamus is appropriate to enforce the order of the hearing officer.
“It is generally accepted that an action in mandamus is proper to compel administrative agencies to exercise the powers entrusted to them, to perform ministerial acts and to enforce their rules and regulations,” the order stated.
Wiseman said although the respondent has raised numerous defenses to Arriola’s petition, the Fund has not presented anything that would justify ignoring the decision of the hearing officer.
Wiseman said the petitioner has lived without income since June 2007 and the failure to make payments to Arriola is unacceptable.
