McLeod

McLeod v. Board of Pension Commissioners

Good Law
14 Cal. App. 3d 23·1970 Cal. App. LEXIS 1199·94 Cal. Rptr. 58·36 Cal. Comp. Cases 830
Court of Appeal of CaliforniaDecember 30, 1970Civ. 36440California3,092 words

Opinion

Opinion

Dunn, J.

After serving as a police officer for the City of Los Angeles, William McLeod retired from active service because of allegedly severe personal injuries sustained in the performance of duty. After his retirement, he filed an application for a disability pension with the Board of Pension Commissioners of the City of Los Angeles. A hearing was had and the application was denied. Thereafter the board agreed to grant a rehearing and re quested that McLeod undergo new physical examinations. Pursuant to this request, he was examined by three physicians, Doctors Jordan, Peluso and Dueker. Reports based on the examinations Were submitted to the board by the doctors. Upon receiving copies of these reports, McLeod requested that the board fix a date for the rehearing and that it issue subpoenas requiring Doctors Peluso and Dueker, and a Dr. Mawardi, to attend the hearing in order that they might be cross-examined by McLeod’s attorney. The board refused to issue the subpoenas until McLeod “arranged to pay or shall have paid each of [the doctors] to attend any such hearing.”

McLeod then filed in the superior court a petition for a peremptory writ of mandate, commanding the board to…

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