Barth

Appellant Sidney Barth appeals from a judgment denying a writ of administrative mandamus. Appellant sought the writ to compel the Board of Pension Commissioners (the Board) of the City of Los Angeles (the City) to accept his application for a service-connected disability pension. At issue is (1) whether the provisions of the Charter of the City of Los Angeles (the Charter) permit appellant to apply for a disability pension although he has already requested and received a service pension; and (2) whether charter sections 376 and 376.1, barring claims not presented to the City within one year after the claim accrued, were tolled by appellant’s workers’ compensation proceedings.

Facts

Appellant, a former police officer with the rank of police commander, joined the Los Angeles Police Department in 1946. In 1966, he was hospitalized for high blood pressure. He returned to work, but continued to receive treatment for hypertension. In October 1978, he experienced severe chest pains and was again hospitalized. Shortly after that time, appellant filed an application for workers’ compensation benefits against the City. A medical report prepared by a physician selected by the City…