This increase to the maximum TTD rate marks the fourth consecutive year the TTD rate will be affected by a change in the state average weekly wage. The minimum TTD rate is also subject to annual adjustment based on increases in the SAWW, and for 2010 the minimum rate will increase to $148. Under Labor Code Section 4659(c), workers with dates of injury on or after Jan. 1, 2003, who are receiving life pensions or permanent total disability benefits are also entitled to have their weekly LP or PTD rate adjusted based on changes in the SAWW. Claims administrators should be aware that many LP and PTD awards are reduced in order to produce a lump sum for paying attorney's fees. To adjust for the SAWW in cases where there has 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. For more information, visit www.dir.ca.gov.
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November 16, 2009
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