Gaspar, Chris

Applicant Chris Gaspar, a bus operator for SamTrans, sustained a cumulative trauma injury through April 4, 2018, to his neck, low back, left shoulder, and psyche. After two trials, the WCJ found applicant was entitled to temporary disability from July 29, 2019, to July 23, 2020, and 22% permanent disability, having determined applicant was compelled to retire due to his industrial injury rather than voluntarily leaving the labor market. Defendant sought reconsideration, arguing applicant voluntarily retired and that its temporary disability payments were an overpayment entitling it to credit against permanent disability. The Board granted reconsideration but affirmed the F&A on the merits, amending only Finding of Fact #16 to remove a sentence awarding defendant a credit for a period that was never raised at trial and never actually awarded. The Board rejected defendant's argument that retirement was voluntary, relying on prior precedent that involuntary retirement caused by injury preserves entitlement to temporary disability.