Sorel v. Smith

NOURSE, P. J. Plaintiff sued in certiorari-mandamus to review the order of respondent pension trustees denying plaintiff a pension for the death of her deceased husband, a battalion chief in the Oakland City fire department. The cause was heard by the superior court on the transcript of proceedings before the pension board and on new evidence taken at the trial. Judgment went for defendants.

On the appeal from this judgment no question of law is presented—the sole question is whether the pension board correctly interpreted the evidence and whether the superior court’s findings are supported by competent and substantial evidence. Having had two trials of the issue of facts petitioner is not entitled to a third trial of the facts on this appeal. The sole function of the reviewing court under these circumstances is to determine whether the trial court’s findings are supported and there our function ends. Moran v. Board of Medical Examiners, 32 Cal.2d 301, 308 [196 P.2d 20].

The trial court found (and we emphasize that the finding was made on co3iflicting evidence) that it was not true that deceased “sustained injury to his heart in the course of his duties” or that death resulted from any injury arising out of his employment in the fire department.

To prove her case appellant called two medical witnesses. To disprove it the respondents called the same number. Appellant says her witnesses were heart specialists and better qualified. Respondents say those witnesses were but “internists” and did not meet the learning and experience of the two called for the defense. The trial court believed the testimony of these two and rejected that of appellant’s witnesses. That ends the controversy over “qualifications.”

One witness testified that in his opinion the work of deceased as a fireman did not play a contributory role in his death. He gave an extensive analysis of his reasons for the opinion. He also testified that the autopsy revealed no occlusion prior to the fatal one. The claim of the applicant was based on an occupational injury in 1942. The deceased died in 1947. Two or three days before his death he was engaged in enameling his kitchen. He was visited by a friend who found the kitchen excessively hot, said to be necessary to make the paint run properly. Deceased was seated in a chair and appeared to be distressed. A day later he was found dead on the kitchen floor with a paint brush and opened can of paint [268]nearby. The autopsy showed a heart occlusion occurring a day or less before the death.