Under Labor Code section 4659(c), workers with dates of injury on or after Jan. 1, 2003 who are receiving life pensions (LP) or permanent total disability (PTD) benefits are also entitled to have their weekly LP or PTD rate adjusted based on changes in the State Average Weekly Wage (SAWW).
Claims administrators should be aware that many LP and PTD awards are reduced (by uniform reduction) in order to produce a lump sum for paying attorney’s fees. To adjust for the SAWW in cases where there’s been a prior commutation of attorney’s fees, the new rate should be based on the previous year’s rate before deduction for attorney’s fees, multiplied by the percentage change in the SAWW.
To learn more about how we can help you with your case, please contact us today!
Heggeness, Sweet, Simington & Patrico, A P.C.
.........................................
Locations:
San Diego
7071 Convoy Court
Suite 200
San Diego, CA
92111-1023
Riverside
6180 Quail Valley Court
Suite 110
Riverside, CA
92507-0757
Santa Ana
600 West Santa Ana Boulevard
Suite 910
Santa Ana, CA
92701-4555