City of Oakland v. Workmen's Compensation Appeals Board

Petitioner City of Oakland seeks review, under authority of Labor Code section 5950, of a decision of respondent Workmen’s Compensation Appeals Board made in proceedings commenced by respondent Alice Reimers, individually and as administratrix of the estate of her deceased husband, Herbert Reimers.

Herbert Reimers was a retired Oakland fireman. On October 31, 1951, at age 38, he suffered a heart attack, which was admittedly, under Labor Code section 3212, an industrial injury. He never thereafter returned to work. He was retired December 1, 1952, for service-incurred industrial disability with a retirement allowance of 75 percent of his salary. This retirement allowance was paid until Reimers’ death on October 26, 1964. Thereafter a death allowance was paid his widow.

On July 28, 1965 Reimers’ widow filed an application with the Industrial Accident Commission (now Workmen’s Compensation Appeals Board) claiming individually and as administratrix of his estate, permanent disability indemnity for his industrial injury of October 31, 1951. The City of Oakland was permissibly uninsured for workmen’s compensation (Lab. Code, § 3700). The industrial injury and disability were admitted…