Schmidt v. Pension Board

GRIFFIN, J. Plaintiff and appellant Elizabeth P. Schmidt is the widow of Emil J. Schmidt who, at the time of his death was a member of the Bakersfield Pire Department and had been hired by that department for a period of approximately 20 years. The record shows that Mr. Schmidt, during that 20 years of active service as a fireman, served in many of the various capacities incident to being a member of a fire fighting unit. He died on June 7, 1940, of heart disease known as coronary occlusion. Thereafter, and in due time, petitioner filed with the board of trustees (pension board) for the administration of the relief and benefit fund for members of the fire department of that city, an application as the widow of said deceased for an annual pension in the sum of $1,200, to be paid in equal monthly installments and to continue during her lifetime or until her remarriage, as provided in section (169)5 of the Bakersfield City Charter, which section reads:

“Whenever any member shall die either, (a) as a result of any injury arising out of or sustained by him while in the discharge of his duties as a member of the Pire Department of the City of Bakersfield, or (b) Prom sickness caused by or resulting from the discharge of his duties as a member of such Department; there shall be paid an annual pension of Twelve Hundred Dollars, ($1200.00) in equal monthly installments on the regular paydays, to his survivor or survivors, as follows : (1) To the surviving widow of such member during her lifetime or until her remarriage. ...”

Section (177)13 thereof provides for death benefits and the method for computing the amount payable to a wife when a member of the department dies because of risks other than those set forth in section (169)5. Under the charter provisions all pertinent matters pertaining to the administration of the pension fund were placed in the hands of the pension board. On June 30, 1942, a hearing was had before the pension board which found that “it was the unanimous opinion of the board that the death of Emil J. Schmidt was not the result of illness or injury incurred in the performance of duty. The board found the applicant to be entitled to disability and retirement benefits under section (177)13 ...” and allowed such benefits. Petitioner then filed a petition for writ of mandate [441]to require defendants and respondents to grant a pension to petitioner and place her name upon the pension roll and pay her the annual pension of $1,200. The court granted an alternative writ.

An answer was filed by defendants. The action came on for hearing and the trial court found “that Emil J. Schmidt died on the 7th day of June, 1940; that his death took place in his home at a time when he was not upon active duty as a member of said fire department” and “. . . that by reason of the facts and by reason of the conflict of evidence at the hearing before said pension board, it appears that said board did not abuse its discretionary powers and did not act in violation of law . . . that . . . the petitioner became entitled to an award as provided by section (177)13 of the charter. . . .” It then rendered judgment that the alternative writ of mandate theretofore issued be discharged and denied the issuance of a peremptory writ. Petitioner then appealed. The evidence, all documentary, adduced at the trial, bearing on the question here presented, was as follows: (1) City charter; (2) transcript of proceedings and evidence taken before the pension board; (3) amended application for pension; (4) death certificate; (5) letter from Dr. Tuttle; (6) statement from a Dr. Moore, autopsy surgeon.