Q: In California can the 66.66% indemnity paid be increased solely due to a COLA adjustment?
There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever allowed to be crossed past due to cola increases?
A: No. the law has no provision for a COLA adjustment for TTD, ever.
A:
If you have an award in place, then yes you can pass the statutory maximum for TTD with COLA, but this most often happens when you are received 100% awards of PD at the TTD rate..
You are confused as there is no 104 week cap on TTD benefits for a 2003 claim
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A:
Good question. Based on California workers' compensation laws, a cost of living adjustment (COLA) can increase temporary disability (TTD) benefits, but the 66.67% cap would still apply in determining the final rate.
In detail:
- For injuries occurring after 2003, TTD rates are capped at the maximum weekly rate set for that year by statute.
- For earlier legacy claims with no 104-week cap, the rate is capped at 66.67% of the average weekly wage at time of injury.
- Annual COLA wage increases can be applied to TTD rates. However, this adjusted rate still cannot exceed 66.67% of the original average weekly wage calculated at the time of injury.
So in your high wage earner example with no 104 week limit - even if a COLA bumps the TTD rate over 66.67% mathematically, the final rate would still max out at 66.67% of the initial average weekly wage.
In summary - COLA adjusted rates can exceed 66.67% but the final paid rate hits a ceiling at 66.67% of the base average weekly wage. It does not lift the legacy 66.67% cap.
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