CompFox AI Summary
The applicant, widow of Jerry Golding, sought reconsideration of a denial of temporary disability benefits for her deceased husband after his retirement. The Board granted reconsideration, finding that although the decedent retired voluntarily due to the DROP program, evidence showed his intent to work as an arson investigator post-retirement. The Board determined that the worsening of his industrial injury prevented this post-retirement work, establishing an earning capacity diminished by the injury. Therefore, the Board awarded temporary total disability indemnity from March 1, 2011, to July 18, 2012, and remanded for rate determination and attorney fees.
Full Decision Text1 Pages
The applicant, widow of Jerry Golding, sought reconsideration of a denial of temporary disability benefits for her deceased husband after his retirement. The Board granted reconsideration, finding that although the decedent retired voluntarily due to the DROP program, evidence showed his intent to work as an arson investigator post-retirement. The Board determined that the worsening of his industrial injury prevented this post-retirement work, establishing an earning capacity diminished by the injury. Therefore, the Board awarded temporary total disability indemnity from March 1, 2011, to July 18, 2012, and remanded for rate determination and attorney fees.
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