Garner, Gary

Applicant Gary Garner, a bus operator, sustained an accepted industrial injury to his low back and neck on October 28, 2022, and received temporary disability benefits until February 8, 2023. He retired effective February 9, 2023, and the WCJ found he was not entitled to temporary total disability after retirement, deeming his testimony that he retired due to his industrial injury not credible. The Board granted reconsideration, holding that the WCJ's credibility determination was not supported by substantial evidence because the only evidence was applicant's uncontradicted testimony that he retired due to his injury, plus undisputed facts that he bid for a new route showing intent to work in 2023. The Board amended the decision to find that applicant's retirement does not preclude entitlement to temporary disability, deferring any award.