Garrick

The Board of Pension Commissioners of the City of Los Angeles appeals from a judgment granting a peremptory writ of mandate directing it to reconsider its denial of a service-connected pension to the widow of a police sergeant and in such reconsideration to give effect to the disputable presumption created by Labor Code section 3212.5.

This section creates a disputable presumption that heart trouble developing or manifesting itself during the service of a member of a city police department, who has served at least five years, arose out of such service. This presumption may be controverted by other evidence.

The narrow issue before us is whether section 3212.5 must be applied in appropriate pension proceedings before the board. If it must, then the board did not proceed in the manner required by law and abused *245 its discretion prejudicially. (See Code Civ. Proc., § 1094.5, subd. (b); cf. Siler v. Industrial Acc. Com., 150 Cal.App.2d 157, 164 [ 309 P.2d 910 ].)

Respondent’s position is that section 3212.5, despite the absence of any language making it applicable to proceedings other than workmen’s compensation proceedings, should have been applied in the pension…