Reynolds

Kent D. Reynolds appeals from the judgment of the superior court denying his petition for a writ of mandate pursuant. to Code of Civil Procedure section 1094.5. In his petition appellant sought to compel the Civil Service Commission of the City of San Carlos (Commission) to grant his application for service connected disabili ty retirement under the Public Employees’ Retirement System (PERS), which by contract with the city pursuant to Government Code section 20450 provides retirement benefits to the city’s employees.

Appellant, a 32-year-old firefighter, injured his knee on October 16, 1977, while fighting a fire. At the time, he was an employee of the city and a local safety member of PERS. A few months after his injury, appellant was assigned to a temporary, light-duty job while continuing treatment for the disability. Although his treating physician and a consultant recommended surgery on his knee, appellant refused the surgery and applied for permanent disability retirement.

Following an evidentiary hearing on June 8, 1978, the Commission found that appellant suffered an “on-the-job injury to his knee,” and that as a result of his injury he is “unable to engage in…