Greatorex v. Board of Administration of City Employees' Retirement System

Opinion

EHRENFREUND, J.

*

John C. Greatorex appeals from a denial of his writ of mandamus by the Superior Court of San Diego County. The single issue on appeal is whether a Workers’ Compensation Appeals Board’s finding that an injury is work related is res judicata in a later application for benefits made to a City Employees’ Retirement Fund. We hold it is and reverse the denial of the writ.

Greatorex had a heart attack while employed as a fireman by the City of San Diego. He applied to the Workers’ Compensation Appeals Board (Appeals Board) for compensation benefits. The City of San Diego stipulated his injury was work related. On March 30, 1977, the Appeals Board, adopting the stipulation, granted compensation benefits.

Greatorex also applied to the Board of Administration of the City Employees’ Retirement System (Retirement Board) for a service-connected disability allowance (San Diego Mun. Code § 24.0501). Such

[57]

allowance is granted only if the injuiy is work related. The application was denied on May 26, 1977.

Greatorex then petitioned the superior court for a writ of mandamus to set aside the Retirement Board’s decision. He claimed the Appeals Board’s determination of a work-related injuiy was res judicata and the Retirement Board was collaterally estopped from finding his injuiy was not work related. The writ was denied. Greatorex appeals the denial, asserting the same res judicata and collateral estoppel claim.

For a claim of collateral estoppel to be valid there must be a final determination on the merits in the prior proceedings

(Solari

v.

Atlas-Universal Service, Inc.

(1963) 215 Cal.App.2d 587, 592-593 [30 Cal.Rptr. 407]). When the Appeals Board took jurisdiction of the case, it necessarily decided Greatorex was employed and his injuiy was work related. Those two factual determinations become final 20 days after service of the award, when the time for filing a petition for reconsideration has expired