Gorman v. Workers' Compensation Appeals Board

Opinion

KAUFMAN, J.

Petitioner, an industrially injured policeman who has retired for disability and is receiving disability retirement payments, seeks review of an order of the Workers’ Compensation Appeals Board (the Board) denying reconsideration of an order rejecting his claim for continued temporary disability indemnity payments in connection with a rehabilitation program in which he is enrolled. The Board concluded

[1000]

that upon retiring for disability petitioner was not eligible to continue receiving temporary disability payments under the Workers’ Compensation Act or Labor Code section 139.5.

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We agree and will affirm the order of the Board.

Richard Gorman (petitioner) was employed as a police officer by the City of San Clemente from 1973 through May 23, 1979. It was adjudicated in 1980 that petitioner had suffered several industrial injuries resulting in permanent partial disability. Petitioner took a one-year leave of absence with pay pursuant to Labor Code section 4850

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and thereafter applied for and was granted disability retirement. He is and has been, therefore, receiving disability retirement payments.

Subsequently, a rehabilitation plan was initiated pursuant to section 139 et seq. However, the City of San Clemente and State Compensation Insurance Fund (the defendants), while not opposing the petitioner’s right to participate in the rehabilitation program or receive other benefits, did object to petitioner’s claim that he was entitled to continue to receive temporary disability indemnity payments pursuant to subdivision (c) of section 139.5

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in addition to disability retirement payments. The Rehabilitation Bureau ordered the defendants to pay temporary disability indemnity pursuant to subdivision (c) of section 139.5. Defendants appealed to the Board, and both the WCAB trial judge and the Board ruled that the petitioner’s right to temporary disability benefits under the Workers’ Compensation Act terminated pursuant to section 4853