LAWRENCE MOORE vs. COUNTY OF ORANGE, Permissibly SelfInsured, Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT

This case involves a sheriff's deputy who sustained industrial injuries to his spine, knees, and shoulder. He retired from service to receive retirement benefits. The defendant argued that Labor Code Section 4850 benefits, which provide leave of absence without loss of salary for up to one year, should not be awarded post-retirement. However, the Board affirmed the award, holding that Section 4850 benefits are not automatically terminated upon service retirement for those under the County Employees Retirement Law of 1937, unlike those retired under the Public Employees' Retirement System. The applicant's testimony indicated he did not voluntarily leave the labor market, thus maintaining his eligibility for temporary disability and Section 4850 benefits.