Arnulfo Munguia — ADJ11400252

Arnulfo Munguia, a 66-year-old custodian for LAUSD, sustained an industrial right knee injury on 7/17/2017, shortly before his voluntary retirement effective 9/1/2017, which he initiated to care for his wife who needed knee surgeries. After undergoing right knee surgery on 6/23/2020, he sought temporary disability indemnity from that date forward. The WCJ found applicant was not entitled to temporary disability because he had voluntarily removed himself from the labor market for non-industrial reasons and failed to establish any post-retirement earning capacity. The WCAB granted reconsideration to study the issues but ultimately affirmed the WCJ's Findings of Fact, adopting the WCJ's Report. The Board held that applicant's vague testimony of intent to return to work, coupled with his rejection of an offered return-to-work opportunity, was insufficient to prove willingness to work or lost wages.