Merritt, Jennifer

Applicant Jennifer Merritt, a material hoist operator, sustained an industrial injury on July 25, 2022 to her bilateral shoulders, neck, and upper extremities. She had submitted retirement paperwork before the injury with an intended retirement date of September 1, 2022, and defendant terminated her temporary disability benefits asserting she had retired and removed herself from the labor market. The WCJ found she was not entitled to TD because her deposition testimony suggested an intent to permanently leave work and travel, and alleged a $43,077.66 overpayment. The Board granted reconsideration, distinguishing Gonzales (no stipulation to not return) and the seasonal-employee cases Jimenez and Ochoa, and found applicant credibly testified she would return to work but for the injury. The Board rescinded the FA&O and substituted a new one awarding temporary total disability from September 1, 2022 through April 26, 2023 and continuing, subject to the 104-week cap under section 4656.