CompFox AI Summary
The Workers' Compensation Appeals Board rescinded an award of temporary disability benefits to a retired police detective, Charles Funke. The Board found that while Labor Code section 4853 did not preclude benefits due to his service retirement, the key issue was whether Funke voluntarily withdrew from the labor market. Since evidence regarding his intent to continue working after retirement was insufficient, the case was returned to the trial level for further factual development.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded an award of temporary disability benefits to a retired police detective, Charles Funke. The Board found that while Labor Code section 4853 did not preclude benefits due to his service retirement, the key issue was whether Funke voluntarily withdrew from the labor market. Since evidence regarding his intent to continue working after retirement was insufficient, the case was returned to the trial level for further factual development.
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