English

This case presents two issues raised by an employer’s refusal to grant a disability pension to an employee. The first issue is one of estoppel, specifically, whether the employer is estopped to deny the employee’s disability after the employer has agreed to a rehabilitation plan for the employee pursuant to Labor Code section 139.5. The second issue involves the trial court’s failure to make findings with regard to conflicting administrative decisions, during that court’s review of one of those decisions under Code of Civil Procedure section 1094.5.

We hold that the proposed estoppel is not sustainable, but that the case must be remanded to the trial court for findings as to the alleged administrative conflict.

Facts

Appellant, Winston English, worked as a maintenance laborer for the City of Los Angeles (the City), with its Department of Recreation and Parks (the Department), from 1973 until August 1979. In June 1975, while on duty, appellant injured his back while lifting a trash container that was heavier than expected. He received medical treatment on the day of the injury and continuously thereafter, missing work intermittently for six months due to this injury. In…