Rivard

Rivard v. Board of Pension Commissioners

Good Law
164 Cal. App. 3d 405·1985 Cal. App. LEXIS 1609·210 Cal. Rptr. 509
Court of Appeal of CaliforniaFebruary 4, 1985B003079California3,677 words

Opinion

Opinion

Osborne, J.

Appellant, Morris Rivard, was employed as a police officer by the City of Los Angeles. Longstanding psychological problems developed to such a degree that he was treated in a psychiatric hospital for 10 months beginning in 1978. He returned to limited duty, but by mid-1980 was unable to perform his duties. He was granted a disability retirement pension, but contests a finding that his disability was not service connected. We discuss and apply the substantial evidence rule.

Procedural and Factual Summary

Rivard applied for workers’ compensation which was granted in 1980 by a workers’ compensation judge. That decision was annulled by this court in May 1981 in City of Los Angeles v. Workers’ Comp. Appeals Bd. (1981) 119 Cal.App.3d 355 [ 174 Cal.Rptr. 25 ], herein Rivard I. (No res judicata issue has been raised as in Kimbrough v. Police & Fire Retirement System (1984) 161 Cal.App.3d 1143 [ 208 Cal.Rptr. 112 ].) Meanwhile, he had applied for a disability pension in 1979. After a hearing before the Board of Pension Commissioners (Board) of the City of Los Angeles on February 19, 1981, the Board determined that he was disabled, but not by reason of injuries received in the…

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