Smith v. Workmen's Compensation Appeals Board

In a decision after reconsideration, respondent board denied petitioner Paul Smith’s application for benefits claimed to be due him, under the workmen’s compensation law, by reason of an injury alleged to have been incurred in the course of his employment by respondent City of Oakland (hereinafter “the city,” or “respondent city”).

Facts

Petitioner became employed by the city as a fireman in June 1946, and worked full-time as such until 1971. In or before that year (but in any event by July 1, 1971), he became disabled as the result of an industrially caused back condition. At that time and at all pertinent times, section 1519 of respondent city’s charter entitled him to receive full pay, and other benefits, “during the continuance of his disability” or until such time as he might “be retired on a pension.” At the same time, charter section 2610, subdivision (a), permitted him to retire on the basis of the back disability if it continued “without interruption for one (1) year,” and thereupon to receive disability retirement benefits computed according to his years in service.

Commencing July 1971, and by reason of his back condition, petitioner entered into the…