Scott Leczel — ADJ20546432

Applicant Scott Leczel, a 55-year-old propmaker, sustained an admitted cumulative trauma injury (1/1/1989 to 9/3/2022) to his cervical spine, lumbar spine, and hips. The WCJ awarded temporary total disability, finding that Applicant's retirement was involuntary (driven by physical inability to work) and that Labor Code §4661.5 applied to compute the TTD rate as of the date of payment. Defendant petitioned for reconsideration/removal, arguing Applicant was not entitled to TTD after retirement and that §4661.5 was inapplicable because EDD paid state disability benefits within two years of injury. The WCAB panel adopted and incorporated the WCJ's report, holding that Applicant's retirement was not voluntary and that SDI payments do not constitute TTD payments for purposes of §4661.5. The Petition for Reconsideration was DENIED.