Loveland v. City of Oakland

DOOLING, J. Prior to June 1, 1938, Victor F. Loveland was a member of the Fire Department of the City of Oakland. On that date he was retired on half pay by resolution of the board of trustees of the firemen’s relief and pension fund of that city. On September 19, 1937, while answering a fire alarm, Loveland had suffered an occlusion of one of the coronary arteries which supply the heart muscle with blood and the heart muscle was thereby impaired. Two physicians who examined Loveland certified to the board that his activities on September 19, 19.37, were precipitating factors of his disability. He was retired pursuant to section 103 of the Oakland charter, which read at that time:

“Any member of the department who shall become physically disabled by reason of any bodily injury received in the performance of his duty upon his filing with the Board of Trustees a verified petition, setting forth the facts constituting such disability, and the cause thereof, accompanied by a certificate signed by the Chief of the Fire Department, the Chief of the Battalion to which he belongs, and by two regularly licensed physicians of the city, recommending his retirement upon a pension, on account of such disability, may be retired from the department upon an annual pension, equal to one-half the amount of salary attached to the rank which he held one year prior to the date of such retirement, to be paid to him in equal monthly installments during the balance of his lifetime and to cease at his death. In case his disability shall cease, his pension shall cease, and he shall be restored to the service in rank he occupied at the time of his retirement ; provided that the said Board of Trustees may of its own motion retire any member who shall become physically disabled by reason of any bodily injury received in the performance of his duty, who upon examination by two regularly licensed and practicing physicians appointed by the Trustees for that purpose, may be ascertained to be by reason of such disability unfit for the performance of his duty.” (Stats. 1919, p. 1370.)

Loveland died on December 23, 1943. His widow, the petitioner and appellant herein, petitioned for a pension under section 103a of the Oakland charter, adopted in 1941:

“Notwithstanding any other provision set forth in Section 103, if a retired member of the Department shall die at. any time by reason of the' bodily injury for which he was pensioned, his pension shall not cease but shall continue and shall [33]be paid to Ms widow to whom he was married at the time of such injury. . . .” (Stats. 1941, p. 3398.)