Gonzales v. Workers' Compensation Appeals Board

The Workers’ Compensation Appeals Board (the Board) adopted the findings of its referee that Connie Gonzales is not entitled to temporary total disability payments after the date of her scheduled retirement. She petitioned this court for a writ of review of the board’s decision on this narrow legal issue. We issued the writ. After plenary review of the matter, we shall affirm the decision.

The pertinent facts are undisputed. The petitioner experienced a work-related injury to her right big toe in May 1995. She eventually underwent surgery in June 1997. The respondent paid all temporary disability benefits to which she was entitled through August 10, 1997, her 65th birthday and the date on which she had intended to retire. (Although the referee’s findings do not explicitly articulate which type of benefits are at issue, we assume she was receiving temporary total disability payments based on the statute cited in the findings.)

The petitioner submitted the question of her right to temporary disability benefits after August 10, 1997, to the Board’s referee on her points and authorities. She stipulated she did not have any plans to look for work elsewhere once retired from…