Pathe v. City of Bakersfield

In Pathe v. City of Bakersfield (1967) 255 Cal.App.2d 409, the court considered the claim of the city and the city's pension board that the Industrial Accident Commission (now the WCAB) had exclusive jurisdiction under the Constitution and Labor Code section 5300 to determine whether an employee's injury was service-connected. The reasoning of the Pathe court in rejecting this argument is applicable to the case before us. The two systems were distinguished: "It is indisputable that the Industrial Accident Commission and the pension board exist for entirely different reasons and were established to attain wholly independent objectives. The Industrial Accident Commission exists primarily to adjudicate workmen's compensation claims under the general laws adopted by the Legislature pursuant to the Constitution. Its main objective, therefore, is to carry out the legislative scheme which is to provide adequate compensation for employees, public or private, who are injured in the course and scope of their employment while such employees are disabled and incapable of earning a living. On the other hand, the pension board is concerned only with the retirement of a limited class of public employees under a retirement system which was adopted primarily for the betterment of city government. Its objective is not only to recognize the public obligation to certain employees who after long and faithful service become incapacitated by age or physical disabilities, but it is also to make certain that these employees will be replaced by more capable employees for the betterment of the public service without undue hardship on the employees removed ." ( Id., at pp. 414-415; see also Gov. Code, 20001.) The court concluded that the retirement system "does not affect, abrogate or modify the Workmen's Compensation Laws in any manner. To the contrary, it grants additional compensation benefits to employees who are compelled to retire for service-connected disabilities and to this extent it is in harmony rather than in conflict with the Workmen's Compensation Laws of the Labor Code." ( Id., at p. 416.)