Hadley
Hadley v. City of Ontario
Opinion
Opinion
Whyte, J.
This is an appeal from a judgment entered (pursuant to an order of this court in Hadley v. Superior Court (1972) 29 Cal.App.3d 389 [ 105 Cal.Rptr. 500 ]) February 21, 1973, denying a petition for writ of mandate filed under the provisions of Code of Civil Procedure section 1094.5 to review the actions of respondents and to compel respondent city to vacate actions taken by the city council of said respondent on January 10, 1968, and October 1, 1968, and either reinstate petitioner to his duties as a police officer or cause him to be paid retirement disability pay.
Facts
On January 16, 1965, petitioner was hired by the City of Ontario as a police officer and became a local safety member of the Public Employees Retirement System as provided by section 21022 of the Government Code. In 1966 petitioner filed an application for workmen’s compensation benefits claiming that he was injured March 2, 1966. On January 19, 1967, the Workmen’s Cbmpensation Appeals Board of the State of California issued its findings and award, finding that the injury occurred in the scope and course of employment and resulted in permanent disability to the extent of 20*A percent.