Legal Opinion

Garrick v. Board of Pension Commissioners

California Court of Appeal

Decided April 28, 1971No. Civ. No. 37175PublishedCited by 2 opinions

1Opinion of the Court

Opinion

COBEY, Acting P. J.

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…

2Cases cited13 opinions

  1. Bishop v. City of San JoseCalifornia Supreme Court · 1969
  2. French v. RishellCalifornia Supreme Court · 1953
  3. Healy v. Industrial Accident CommissionCalifornia Supreme Court · 1953
  4. Dillard v. City of Los AngelesCalifornia Supreme Court · 1942
  5. Buckley v. RocheCalifornia Supreme Court · 1931

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3Cited by2 opinions

  1. Pearl v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 2001
  2. Dakins v. Board of Pension CommissionersCalifornia Court of Appeal · 1982

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