SAN FRANCISCO — A Sacramento appeals court ruled Tuesday that a teacher traumatized during an attack by students at the Oakland school where she worked should have been allowed to apply for disability retirement benefits when she was unable to return to teaching.
Melanie Welch, who represented herself during the appeal and argued telephonically from her home in Michigan, sued CalSTRS, the state teachers’ pension fund, in 2008, when she discovered representatives had erroneously advised her that she was ineligible for disability because she hadn’t yet taught for five years. In 2005, Welch discovered that CalSTRS’ rules actually contained a bodily injury exemption to the five-year rule.
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