Myers v. Fire & Police Pension System

In Myers v. Fire & Police Pension System (1973) 32 Cal.App.3d 725, appellant was receiving a widow's nonservice pension under section 190.13(a)(6) of the Los Angeles City Charter. In accordance with section 190.15, the city reduced the widow's pension by the amount of a workers' compensation award she received after the Workers Compensation Appeals Board determined that her husband's death was service connected. In rejecting the contention that the sole purpose of section 190.15 was to prevent double recovery, the court stated that "although many of the cases holding that a municipality may protect itself from double liability do deal with preventing double recovery for the same accident, it is possible for a city to write an ordinance precluding other types of double recovery. That is what the city has done in section 190.15." (Myers v. Fire & Police Pension System, supra, p. 731.)