Bianchi

Bianchi v. City of San Diego

Good Law
1989 Cal. App. LEXIS 974·214 Cal. App. 3d 563·262 Cal. Rptr. 566·54 Cal. Comp. Cases 400
Court of Appeal of CaliforniaAugust 30, 1989D007565California3,428 words

Opinion

Opinion

Froehlich, J.

City of San Diego (City) appeals from a judgment granting John J. Bianchi’s petition for a writ of mandamus. The judgment ordered the City and the San Diego City Retirement Board of Administration (Retirement Board) to grant Bianchi’s application for industrial disability retirement benefits. We conclude the trial court erred when it accorded collateral estoppel effect to the prior Workers’ Compensation Appeals Board (WCAB) award, and accordingly, we reverse the judgment.

1. Factual Background

Bianchi was employed by the San Diego Police Department commencing in March of 1972. During the course of his employment, he allegedly suffered orthopedic and psychiatric injuries, and sought workers’ compensation benefits, filing two separate applications. Bianchi’s first application (case No. 83 SD 76108 ) claimed he suffered a continuous-trauma injury to his psyche, arising out of and occurring in the course of his employment from March 1972 to November 29, 1982. In his second application (case No. 83 SD 76109 ), Bianchi claimed he suffered orthopedic and psychiatric injuries as the result of a specific incident on November 29, 1982, when he was involved in an altercation while…

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