CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the award of continuing temporary disability benefits. The applicant, William Sera, a retired police detective, claimed temporary disability following lumbar surgery for a presumed industrial injury. The Board found that Sera had voluntarily retired from the labor market for reasons unrelated to his injury and therefore had no demonstrated earning capacity post-retirement to be replaced by temporary disability benefits. Because he did not establish an intent to continue working after retirement, he was not entitled to temporary disability indemnity after his surgery.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the award of continuing temporary disability benefits. The applicant, William Sera, a retired police detective, claimed temporary disability following lumbar surgery for a presumed industrial injury. The Board found that Sera had voluntarily retired from the labor market for reasons unrelated to his injury and therefore had no demonstrated earning capacity post-retirement to be replaced by temporary disability benefits. Because he did not establish an intent to continue working after retirement, he was not entitled to temporary disability indemnity after his surgery.
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