California's maximum temporary total disability rate will remain stable at $986.69 per week in 2011.
Pursuant to Labor Code §4453 (a)(10), TTD annual increases are mandatory and are tied to an amount equal to the percentage increase in the state average weekly wage (SAWW). However, the statute contains no corresponding provision for reducing temporary disability rates if the state average weekly wage goes down. For 2010, California saw .5% decrease in the SAWW.
TTD rate changes normally take effect on January 1, of each year. In an October 14, 2010 announcement, the DWC has pointed out that workers with dates of injury on or after January 1, 2003, who are receiving life pensions or permanent total disability benefits would be entitled to have their rates adjusted based on changes in the SAWW. This year however, there will be no change.
What this means for you
This modest economic correction means good news for your workload. Claims personnel would ordinarily be required to adjust existing life pension and total permanent disability awards pursuant to any statutory annual increase. This would ordinarily involve taking the previous year’s rate before any deduction for attorney’s fees, and multiplying it by the percentage change in the state average weekly wage.
This year, there is no duty to go back through all of your life pension and total disability cases and make adjustments.
The minimum TTD rate for 2011 will also remain at $148.00.
© Copyright 2010 Goldman, Magdalin & Krikes, LLP. All rights reserved. Reprinted with permission.
My gross income at time of injury was $ $65,342.86
with benefits I.E. Bonus, Sick Pay & Vacation it is $70,868.45
I am receiving $684.50 weekly but according to the WC online calculator I am entitled to $986.69 per week.
My benefits run out in 6 months. How do I get WC to change my benefit amount?