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Jump in California Average Weekly Wage to Push 2012 Workers’ Comp Benefits to Over $1,000/Week

New U.S. Department of Labor data shows California's State Average Weekly Wage (SAWW) rose more than 2.4% from $979.90 to $1003.55 in the 12 months ending March 31, 2011, which the California Workers' Compensation Institute (CWCI) reports will push up minimum and maximum temporary total disability...

California Applicants’ Attorneys Association Reacts to California Supreme Court’s “Baker” Decision on Cost of Living for Disabled Workers

Disability Compensation will not keep pace with inflation The California Supreme Court issued its decision today in Baker v. WCAB, addressing the issue of when the cost of living adjustments (COLA) contained in Labor Code Section 4659(c) are first calculated for payments of permanent total disability...

California: Baker Redux

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker v. W.C.A.B. Johnson's Petition for Rehearing...

California: Baker Redux

The California Supreme Court has spoken again about COLAs. Call it Baker Redux. In response to a Petition for Rehearing filed by San Jose attorney Arthur Johnson, the California Supreme Court issued a modified opinion that can be found here: Baker v. W.C.A.B. Johnson's Petition for Rehearing...

Rise and Fall of the COLA: How It Affects the Attorney’s Fee in California

Calculation of attorneys’ fees has always been a hot-button issue for the WCAB. When the calculation involves a lifetime award of permanent total disability (PTD) benefits, the issue ratchets up a notch. Lately, several conflicting panel decisions have issued discussing how an attorney’s...

California: Economists Wanted

Lexis.com subscribers can link to the cases and statutes cited below. Since Senate Bill 899 was passed, there has been a great deal of uncertainty surrounding the proper calculation and evaluation of the COLAs provided for under Labor Code Section 4659 (c). In the years immediately following the...

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted in a rather significant understatement of the...

Increase in California Average Weekly Wage to Boost 2013 Workers’ Compensation Benefits

California’s State Average Weekly Wage (SAWW) rose more than 5.5% from $1003.55 to $1,059.38 in the 12 months ending March 31, 2012, which according to the California Workers’ Compensation Institute (CWCI), will boost minimum and maximum temporary total disability (TTD) rates for 2013 work...

Pepsi or Coke? The Latest on COLA in California

When a workers’ compensation practitioner talks about the appropriate COLA, he is usually not discussing his favorite soft drink! Rather, Labor Code Section 4659 (c) indicates that certain awards of permanent disability shall be increased annually by something called the State Average Weekly Wage...

California: Dept. of Labor Posts SAWW Information for 2014 COLA Calculations

The US Department of Labor has issued its 1st Quarter Unemployment statistics for the State Average Weekly Wages (SAWW) used for calculating statutory increases in Minimum and Maximum TD benefits under Labor Code §4453(a)(10) and also Life Pension Cost of Living Adjustments (COLA) pursuant to Labor...

California Workers’ Comp Temporary Total Disability Maximum to Top $1,100 a Week in 2015

California’s State Average Weekly Wage (SAWW) climbed just under 2.666% from $1,067.25 to $1,095.70 in the 12 months ending March 31, 2014, which the California Workers’ Compensation Institute (CWCI) notes will push the maximum temporary total disability (TTD) rate for 2015 job injuries to...