Ellen Jacobowitz — ADJ19532643

Applicant Ellen Jacobowitz, a specialty pharmacist, retired from CVS Specialty Pharmacy on January 12, 2024, shortly after sustaining a January 4, 2024 industrial injury to her bilateral knees and right shoulder. The WCJ awarded temporary disability benefits from September 7, 2024 forward at $1,619.15 per week, and defendant sought reconsideration arguing applicant retired from the entire labor force (so earning capacity should be zero) or alternatively that her post-retirement TD rate was miscalculated. Applying Gonzales v. WCAB, the Board found that although applicant's retirement was unrelated to her injury, her credible trial testimony demonstrated a willingness to return to the pharmaceutical workforce (renewing her license, taking classes, declining a job offer due to injury), distinguishing her from the worker in Gonzales who stipulated she would not work elsewhere. The Board upheld the TD rate based on her average weekly wage at the time of injury ($3,550.15), rejecting the argument that section 4453(c)(4) required a zero rate. The Board also found the record did not support TD ending after February 27, 2025 because surgery remained pending. Reconsideration was denied.