Rau

This is an appeal from a judgment in a proceeding in mandamus to review a ruling of the Sacramento County Retirement Board. The appellant Joseph Rau alleged that he suffered a disabling injury to his back while working as a heavy-equipment operator for the County of Sacramento on November 3, 1958. After long treatment, he had his coccyx surgically removed in May 1961. Rau claimed this to be a service-connected injury entitling him to a disability retirement. After many hearings on the matter, respondent Sacramento County Retirement Board refused to grant the service-connected disability, but did grant Rau a normal service retirement.

Rau sought a writ of mandate in the Sacramento County Superior Court, and that court referred the case back to the board for a full hearing and review. After hearings on two separate dates, the board received a written communication and oral testimony from Dr. Matthis, the county health officer and, under section 31530 of the Government Code, the medical adviser to the board. At a third meeting, appellant Rau’s counsel objected to the receipt and consideration by the board of a letter from Dr. Matthis and to his oral testimony given at that time. The…