Gilbert v. City of Los Angeles

Opinion

ASHBY, J.

Plaintiff appeals from a judgment declaring that a decision of the Workmen’s Compensation Appeals Board was not retroactively binding upon respondent City of Los Angeles in determining whether plaintiff’s (appellant’s) injury was caused by his employment, and that consequently appellant is not entitled to compensation under section 4.104 of the Los Angeles Administrative Code.

Appellant was employed by respondents as a civilian ambulance attendant between April 19, 1952, and August 22, 1970; thereby falling under the provisions of division 4, chapter 2, article 7, section 4.104 et seq., of the Administrative Code of the City of Los Angeles.

Pursuant to section 4.104 of the Administrative Code, appellant filed a report of personal injury with respondents on February 19, 1970, alleging an injury received in the course of his employment.

At respondents’ request, appellant was examined by Dr. Carl E. Nemethi on February 23, 1970, and by Dr. Robert I. Moes on March 17, 1970. Both doctors prepared written reports indicating appellant’s condition to be Dupuytren’s Contracture, nonindustrial in nature and not arising from his employment with respondents.

Appellant’s statement of the. accident, together with the two medical reports, was considered by Mr. Melvin H. Erbsen, compensation officer, and a recommendation made to the general manager of the personnel department that the claim for compensation under section 4.104 be denied. The general manager of the personnel department reviewed the file and Mr. Erbsen’s recommendation and decided appellant’s claim should be denied pursuant to the aforementioned section of the Administrative Code.

Appellant was notified of this decision, in writing, on March 24, 1970, with an indication that, among other things, the denial of his claim was the

[1085]

decision which would be followed unless appellant could supply additional facts which would justify a different conclusion to the satisfaction of the general manager of the personnel department.

On June 30, 1970, appellant sought and was awarded temporary disability by the Workmen’s Compensation Appeals Board for the 6-2/7 week period from February 21, 1970, through February 24, 1970, and from April 2, 1970, through May 13, 1970, payable at $87.50 per week plus an award for the costs of medical treatment and attorneys’ fees which respondents paid.