Dakins

Dakins v. Board of Pension Commissioners

Good Law
134 Cal. App. 3d 374·184 Cal. Rptr. 576·1982 Cal. App. LEXIS 1779
Court of Appeal of CaliforniaJuly 28, 1982Civ. 63274California4,525 words

Opinion

Opinion

Lui, J.

Statement of the Case

Appellant Dennis Dakins appeals from the judgment of the Superior Court of Los Angeles County denying his petition for writ of mandate. The question presented in this appeal is whether the Workers’ Compensation Appeals Board’s (WCAB) findings and award determining that appellant’s psychiatric injury was sustained in the course of his employ ment was binding on the respondent Board of Pension Commissioners of the City of Los Angeles (Board). For the reasons stated below, we conclude that the doctrine of collateral estoppel is applicable and therefore the WCAB’s determination of appellant’s work-related injury is binding on the respondent Board.

Facts

Appellant was an employee of the Los Angeles Police Department and a member of the City of Los Angeles (City) new pension system for firefighters and police officers, created and established by and under the provisions of article XVIII of the Charter of the City of Los Angeles (Charter). Appellant first began his employment on March 24, 1968, and continued his employment until August 6, 1979.

The City is a municipal corporation which is organized with several departments. The department of pensions is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.