Barber

Herman M. Barber appeals from an order denying his petition for a writ of mandate directing respondent, Retirement Board of the City and County of San Francisco (hereafter Board) to vacate its directive compelling him to retire pursuant to section 171.1.3 of the city charter because of a permanent disability incurred in the performance of duty. Barber contends: 1) the Board construed section 171.1.3 of the charter in an unreasonable manner; 2) the civil service commission’s finding that he was medically qualified in a prior final proceeding was res judicata; 3) the Board’s finding that he was unable to perform “his duty” was not supported by substantial evidence; and 4) in any event, the chief of the fire department (hereafter Chief) acted arbitrarily and in violation of the procedure prescribed by the charter.

The record reveals the following facts: Barber, a 41-year-old fireman with over 20 years’ experience, on June 18, 1966, while employed as a hoseman responding to an alarm, lost his right leg. Barber returned to duty in November 1967 as a hoseman with an artificial leg, and was assigned by the Chief to the Bureau of Assignments, where his duties consisted of daily…