CHARLES FOLLETT vs. CITY OF GLENDALE, Permissibly Self-Insured and Self-Administered

This case concerns an applicant seeking workers' compensation benefits who was denied Labor Code section 4850 benefits after the effective date of his industrial disability retirement. The Board previously granted reconsideration and amended an award to reflect that section 4853 bars an employee's right to section 4850 benefits upon retirement. The applicant argued these benefits vested and should continue until actual pension payments were received. The Board denied the petition for reconsideration, affirming that section 4853 prevents receipt of section 4850 benefits after the effective date of a disability retirement under PERS, especially when the retirement was made retroactive.