Preciado

Cecilio H. Preciado (claimant) appeals from an order of the Superior Court of Ventura County denying his petition for writ of mandate. The only question before us on appeal is whether the decision of the Workers’ Compensation Appeals Board (WCAB) that claimant’s disability was service-connected is binding upon the Board of Retirement of the Ventura County Employees’ Retirement Association (Retirement Board) under the doctrine of collateral estoppel. We hold that it is not.

Claimant was employed by the County of Ventura (county) as a firefighter from March 1,1954, to June 15, 1978. In June 1978 he filed an application for disability retirement with the Ventura County Employees’ Retirement Association (association) in which he alleged that he was entitled to retirement benefits because of certain service-connected disabilities, to wit, hearing loss, hypertension, and diabetes mellitus. At the same time he also applied to the WCAB for compensation benefits as a result of the same disabilities.

The retirement matter was heard before the retirement board on January 15, 1979, and submitted on that date. On January 22, 1979, claimant’s counsel was advised, by letter, by the…