Barnett v. Brizee

The City of Oakland (hereafter Oakland) and its auditor-controller (hereafter controller) appeal from a judgment declaring that respondent Marie Belle Barnett (hereafter Mrs. Barnett), the widow of a retired fireman, was entitled to a retirement allowance without the deduction of the amount of the workmen’s compensation death benefits award made to her minor child, respondent, Ronald Barnett (hereafter Ronald), and directing the issuance of a writ of mandate commanding such payments.

The facts are stipulated. Mrs. Barnett’s huband, Robert (hereafter decedent), a member of the Oakland Fire…