Odden v. County Foresters, Firewardens & County Fire Protection District Firemen's Retirement Board

[49]

McCOMB, J.

From a judgment of the trial court directing appellant, the County Foresters, Firewardens and County Fire Protection District Firemen’s Retirement Board, hereinafter referred to as the board, to pay a retirement allowance to petitioner, a former county fireman, the hoard appeals.

Facts:

Petitioner, a member of a county fire service retirement system, alleged that he was incapacitated hy “service connected disability” for the performance of his duty as a county fireman as a result of heart trouble occurring in and arising out of the course of his employment. The claim that petitioner’s heart trouble resulted from his employment was denied by the board. Thereafter petitioner sought a writ of mandate from the superior court directing the board to pay him a retirement allowance.

Questions:

First:

Was there substantial evidence to sustain the board’s finding that petitioner’s heart trouble did- not result from his employment?

Yes.

On an application for a writ of mandate to review an order of a local quasi-judicial body such as the board in the present case the trial court does not have a right to judge of the intrinsic value of evidence nor to weigh it. The power of the court is confined to determining whether there was substantial evidence before the board to support its findings. (Ni

shkian

v.

City of Long Beach,

103 Cal.App.2d 749, 751 [230 P.2d 156];

Cantrell

v.

Board of Supervisors,

87 Cal.App.2d 471, 475 [197 P.2d 218].)

In the present case three doctors stated that petitioner’s heart trouble was not service connected. It is true that two of them had previously expressed the opinion that defendant’s heart trouble was service connected but upon its being brought to their attention that petitioner had been suspended because of intoxication they withdrew their opinion that petitioner’s heart condition arose from the performance of his duties and expressed the view that it did not arise therefrom.