Garcia, Arthur

Arthur Garcia, a detention sergeant for Kings County, sustained an accepted specific injury to his right knee on March 7, 2017 (ADJ11248645) and a cumulative trauma injury through March 1, 2018 (ADJ11248646) to multiple body parts including bilateral knees. He received Labor Code section 4850 pay for the right knee injury and then took a CalPERS industrial disability retirement effective February 15, 2018, based on his right knee restrictions. After retirement, he underwent left knee surgery in 2020 related to the CT injury and demanded temporary disability benefits, arguing section 4853 only barred TD for the same date of injury that triggered the retirement. The WCAB affirmed the WCJ's finding that section 4853 terminates the right to temporary disability benefits upon the effective date of a PERS retirement, regardless of whether the disability arises from a different date of injury with the same employer. Reconsideration was denied and the Joint Findings of Fact were affirmed.