Gilbert v. City of Los Angeles

Plaintiff appeals from a judgment declaring that a decision of the Workmen’s Compensation Appeals Board was not retroactively binding upon respondent City of Los Angeles in determining whether plaintiff’s (appellant’s) injury was caused by his employment, and that consequently appellant is not entitled to compensation under section 4.104 of the Los Angeles Administrative Code.

Appellant was employed by respondents as a civilian ambulance attendant between April 19, 1952, and August 22, 1970; thereby falling under the provisions of division 4, chapter 2, article 7, section 4.104 et seq., of the Administrative Code of the City of Los Angeles.

Pursuant to section 4.104 of the Administrative Code, appellant filed a report of personal injury with respondents on February 19, 1970, alleging an injury received in the course of his employment.

At respondents’ request, appellant was examined by Dr. Carl E. Nemethi on February 23, 1970, and by Dr. Robert I. Moes on March 17, 1970. Both doctors prepared written reports indicating appellant’s condition to be Dupuytren’s Contracture, nonindustrial in nature and not arising from his employment with respondents.

Appellant’s statement…