Greatorex

Greatorex v. Board of Administration of City Employees' Retirement System

Good Law
154 Cal. Rptr. 37·1979 Cal. App. LEXIS 1552·91 Cal. App. 3d 54·44 Cal. Comp. Cases 553
Court of Appeal of CaliforniaMarch 27, 1979Civ. 16787California996 words

Opinion

Opinion

Ehrenfreund, J.

John C. Greatorex appeals from a denial of his writ of mandamus by the Superior Court of San Diego County. The single issue on appeal is whether a Workers’ Compensation Appeals Board’s finding that an injury is work related is res judicata in a later application for benefits made to a City Employees’ Retirement Fund. We hold it is and reverse the denial of the writ.

Greatorex had a heart attack while employed as a fireman by the City of San Diego. He applied to the Workers’ Compensation Appeals Board (Appeals Board) for compensation benefits. The City of San Diego stipulated his injury was work related. On March 30, 1977, the Appeals Board, adopting the stipulation, granted compensation benefits.

Greatorex also applied to the Board of Administration of the City Employees’ Retirement System (Retirement Board) for a service-connected disability allowance (San Diego Mun. Code § 24.0501). Such allowance is granted only if the injuiy is work related. The application was denied on May 26, 1977.

Greatorex then petitioned the superior court for a writ of mandamus to set aside the Retirement Board’s decision. He claimed the Appeals Board’s determination of a work-related injuiy…

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