Gurule

Gurule v. Board of Pension Commissioners

Good Law
126 Cal. App. 3d 523·178 Cal. Rptr. 778·1981 Cal. App. LEXIS 2440
Court of Appeal of CaliforniaDecember 7, 1981Civ. No. 60862California1,807 words

Opinion

Lead Opinion

Hastings, J.

Board of Pension Commissioners of the City of Los Angeles (appellant) appeals the granting of a petition for writ of man *525 date filed by Leo R. Gurule (respondent) commanding appellant to find that respondent’s permanent disability was service-connected.

In the course of his employment as a police officer, respondent sustained an orthopaedic injury and at some subsequent time sustained psychiatric disability. While still employed, respondent made an application for a service-connected disability pension pursuant to the provisions of section 190.12 of the Charter of the City of Los Angeles. After a hearing before appellant it was determined that respondent was incapable of performing his duties with the police department, but it was found that said incapacity was caused by reason of injuries other than injuries received in the discharge of his duties. Appellant concluded that respondent was only entitled to the benefit of a nonserviceconnected disability pension.

A petition for writ of mandate to the superior court was timely filed by respondent and was heard on October 12, 1979. The administrative record was received into evidence and the court exercised its…

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