Afzal v. Public Employees Retirement Board

In Afzal v. PERB, 239 Or App 284, 293, 246 P3d 5 (2010) (Afzal I), we reversed and remanded a final order in which the Public Employees Retirement Board (PERB) had denied claimant’s request for a disability retirement allowance on the ground that he had failed to show that he was unable to perform any work for which he was qualified. See ORS 238.320(3) (conditioning eligibility for a disability retirement allowance on the claimant being “unable to perform any work for which qualified”); OAR 459-015-0040(1) (“The burden of proof for entitlement to a disability retirement allowance is upon the…