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GARRICK v. BOARD OF PENSION COMMISSIONERS

Docket No. 37175.

17 Cal.App.3d 243 (1971)

94 Cal. Rptr. 598

REBA P. GARRICK, Plaintiff and Respondent, v. BOARD OF PENSION COMMISSIONERS OF THE CITY OF LOS ANGELES et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Three.

April 28, 1971.

Attorney(s) appearing for the Case

COUNSEL

Roger Arnebergh, City Attorney, James A. Doherty, John Daly, Assistant City Attorneys, Siegfried O. Hillmer and Arthur D. Rutledge, Deputy City Attorneys, for Defendants and Appellants.

William T. Hays for Plaintiff and Respondent.

OPINION

COBEY, Acting P.J.

The Board of Pension Commissioners of the City of Los Angeles appeals from a judgment granting a peremptory writ of mandate directing it to reconsider its denial of a service-connected pension to the widow of a police sergeant and in such reconsideration to give effect to the disputable presumption created by Labor Code section 3212.5.

This section creates a disputable presumption that heart trouble...

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