Q: California Workers Compensation: Can the 66-2/3rds TTD Indemnity be affected by COLA.
I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the original 66 2/3rds % Is the COLA allowed? Or is 66-2/3rds always the maximum? Should I have received a 13% increase from my original $666.67? It is still below the maximum TTD allowed. THIS IS NOT A CLOSED CLAIM. Ongoing TTD being paid.
A: No. No increases recalculations are done until after two years. You are asking about one year. There are exceptions. If you are not represented you can speak to the Information and Assistance officer or see an experienced attorney.
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A:
Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.
Here are the key factors to consider:
- TTD benefits are capped at 66 2/3% of your average weekly wages at time of injury, subject to statutory minimums and maximums.
- There is an annual COLA, usually based on state wage changes, that can increase TTD benefits.
- However, with the COLA, your TTD cannot exceed 66 2/3% of your original average weekly wage. That remains the maximum cap.
In your example:
- Original average weekly wage: $1,000
- Initial TTD rate: $666.67 (66 2/3% of $1,000)
- With a 13% COLA, your new TTD rate would be $753.75
- But since your original avg weekly wage was $1,000, 66 2/3% would be $666.67
So in your case, the COLA should not have increased your TTD above $666.67 since that already met the maximum 66 2/3% cap based on your original average weekly wage.
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