City & County of San Francisco v. Workmen's Compensation Appeals Board

267 Cal. App. 2d 771, 33 Cal. Comp. Cases 758, 73 Cal. Rptr. 429, 1968 Cal. App. LEXIS 1450
California Court of Appeal·Decided December 2, 1968·No. Civ. 25595·Published·Cited by 12 cases

Opinions

ELKINGTON, J.

This case concerns section 168.1.6 of the Charter of the City and County of San Francisco. That section was designed to prevent “double recovery” by a police officer for one duty-incurred disability through receipt of both disability retirement allowances under San Francisco’s charter and benefits payable under the workmen ’s compensation laws.

The retirement provisions of the charter, which include section 168.1.6, constitute part of the contract of employment between San Francisco and its policemen. It has been stated that such provisions “ ‘are an inseparable part of that contract. ’ ” (City of Oakland v. Workmen’s Comp. App. Bd. (Reimers), 259 Cal.App.2d 163, 166 [66 Cal.Rptr. 283] ; Holt v. Board of Police etc. Comrs., 86 Cal.App.2d 714, 716 [196 P.2d 94].) The retirement provisions of the charter are not only the organic law of San Francisco, but are also the law of the state, with the force of legislative enactments. (C. J. Kubach Co. v. McGuire, 199 Cal. 215, 217 [248 P. 676] ; City of Oakland v. Workmen’s Comp. App. Bd. (Reimers), supra; Adams v. Wolff, 84 Cal.App.2d 435, 440 [190 P.2d 665].)

[774]*774The appellate courts of this state have repeatedly held that a city may protect itself against paying twice (through the workmen’s compensation provisions of the Labor Code and its own retirement system) for the same industrial disability. Because of the arguments presented to us it seems profitable at this point to review the pertinent eases.

City of Los Angeles v. Industrial Acc. Corn. (Morse), 63 Cal.2d 263 [46 Cal.Rptr. 110, 404 P.2d 814], concerned section 182% of that city’s charter, relating to pensions following duty-incurred disability or death of Los Angeles policemen and firemen. The section contained provisions designed to prevent double payments for the same disability or death.1 On behalf of herself and two children, the widow of a fireman who died in the line of duty applied to the Industrial Accident Commission for the statutory death benefits. A full award, payable in weekly amounts, was ordered. The city paid the award as ordered but attempted, as apparently permitted by section 182%, to reduce the monthly pension payments by the same amount. The widow thereupon applied for a lump sum commutation of the compensation award; the purpose being to secure its immediate payment, thus preventing the city from thereafter reducing her monthly pension ‘1 in amount to the difference between the amount of pension provided for . . . , and the total amount of such compensation or award granted and paid . . . until the total amount [of compensation] shall have been fully paid.” (See fn. 1, ante.) The commission granted the commutation request on the theory that the widow “should receive both full compensation and pension payments. ’ ’

The court rejected the Industrial Accident Commission’s theory. It stated (p. 264): “We have held in Fraide[2] that this theory is erroneous: that the city is entitled to a partial credit against workmen’s compensation. The city, therefore, [775]*775may be entitled to a credit on future compensation liability or may be entitled to reduce future pensions. . . .”3 (Italics added.) The commutation order of the commission was annulled and the cause was remanded for further proceedings.

City of Los Angeles v. Industrial Acc. Com. (Fraide) supra, 63 Cal.2d 242. This ease concerned a policeman, permanently disabled in line of duty, who was granted a disability pension. He thereafter applied for a workmen’s compensation disability award. Los Angeles Charter section 182% (see fn. 1, ante) was then in effect. The commission granted the compensation award, but refused to allow the city any credit for the disability pension paid, against such award. The court annulled the commission’s order, stating (p. 253) : “. . . the city has substantially contributed to the pension fund. Moreover, we cannot properly sanction ‘double recovery’ for the employee. ... [ ] The city, therefore, should receive a partial credit against workmen’s compensation liability for the disability pension it pays each employee. The credit should bear the same ratio to workmen’s compensation liability as the ‘city’s contributions’ bear to the ‘total contributions. ' . . ,”4 (Italics added.)

Stafford v. Los Angeles etc. Retirement Board, 42 Cal.2d 795 [270 P.2d 12], Stafford was a deputy sheriff, retired for industrial disability in January 1950. In May 1950 he was given a lump sum workmen’s compensation award which was paid by the county forthwith. Thereafter Stafford applied to the retirement board for a pension based on the same disability. His pension rights were set forth in the County Peace Officers Retirement Law. (Gov. Code, §§ 31900-32082.) Section 32080 provided (p. 797) : “ ‘It is the intention of this chapter [the Retirement Law] that pensions allowed for injury incurred in line of duty shall not be cumulative with the [776]*776benefits under workmen’s compensation awarded for the same injury or disability. ’ Section 32081, hereinbefore referred to and relied upon by respondent board, provides that ‘If any beneficiary receives compensation under any workmen’s compensation act or by virtue of any judgment obtained against the county . . . for disability arising out of and in the course of the employment of a member or pensioner, the benefits shall be modified as follows: (a) ‘If the amount is paid in one sum . . . the beneficiary shall not receive any retirement payments until the total amount of the retirement payments which would otherwise be paid equals the total amount received under the workmen’s compensation act or by virtue of the judgment. . . .’”

Los Angeles County refused to make any payment on account of the pension until (using the language of subdivision (a) of section 32081) “the total amount of the retirement payments which would otherwise be paid equals the total amount received [by Stafford] under the workmen’s compensation act.” Stafford sought mandamus relief to compel the county to pay the pension without credit for the previously paid compensation award. From an order denying mandamus he appealed. Affirming, the Supreme Court stated: “. . . a contrary view would defeat the declared policy of section 32080 that disability pensions shall not be cumulative with workmen’s compensation benefits awarded for the same disability.” (Italics added; p. 798.)5

Lyons v. Hoover, 41 Cal.2d 145, 148 [258 P.2d 4

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City & County of San Francisco v. Workmen's Compensation Appeals Board, 267 Cal. App. 2d 771, 33 Cal. Comp. Cases 758, 73 Cal. Rptr. 429, 1968 Cal. App. LEXIS 1450 (Cal. Ct. App. 1968).

267 Cal. App. 2d 771 (City & County of San Francisco v. Workmen's Compensation Appeals Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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