Bolger

The appeal is from a judgment for defendant sustaining defendant’s withdrawal of a summary “injury leave” award to plaintiff, a police officer, following a heart attack suffered by him while engaged in an investigation in his line of duty.

Appellant, an officer with the San Diego police department, was engaged in the investigation of an alleged offense by a brother officer. While allegedly running up a flight of stairs at the district attorney’s office between periods of interrogation he suffered a heart attack. This was reported to his superior and thereafter appellant executed a “Request for Leave of Absence” requesting injury leave with full pay. The request was approved by the chief of police, appellant’s department head, and it was recommended that the request be granted. Appellant thereupon received injury leave pay for two months. His application for compensation under the California Workmen’s Compensation law was approved, all findings of the Industrial Accident Commission became final, and as required by city ordinance in such cases appellant thereafter delivered to the Treasury of the City of San Diego all sums received by him as temporary disability allowance under the…