Johnson v. Contra Costa County Fire Protection District

Opinion

TAYLOR, P. J.

This is an appeal by the Fire Protection District, Director of Personnel and Auditor of Contra Costa County (hereafter County), from a judgment granting respondent Frank Johnson’s petition for a writ of mandate directing the issuance of holiday pay pursuant to Labor Code

[871]

section 4850. Appellants contend that: 1) the trial court erred in concluding that County Ordinance No. 1835 did not provide for the withholding of Johnson’s holiday pay; and 2) mandamus is not the proper remedy.

The facts are not in dispute. Respondent Johnson, while employed as a fireman in a shift position by appellant district, sustained an injury on October 30, 1967. At the time, Johnson was a member of the County Employees’ Retirement System. Subsequently, the Workmen’s Compensation Appeals Board found that his injury arose out of and in the course of his employment, and that he was totally disabled commencing October 31, 1967, and indefinitely thereafter.

Pursuant to Labor Code section 4850,

1

Johnson was paid, in hen of temporary disability payments, his full salary, except the holiday pay that a fireman in a shift position would have received between October 31, 1967, and October 30, 1968.

2

The court found that pursuant to Labor Code section 4850, Johnson had the status of a shift position workman, and was entitled to pay for the holidays, pursuant to County Ordinance No. 1835,

3

even though he was not on the rolls of appellant district on the days preceding the holidays, as required by the same ordinance.

Appellants argue that Johnson was not entitled to the holiday pay as he failed to meet all of the conditions set forth in the last sentence of the ordinance quoted below. We cannot agree. The trial court’s interpretation is consistent with the principles set forth in

Hawthorn