Disability Payments
Cal. LAB § 4659
California Statutes
(
a) If the permanent disability is at least percent, but less than percent, 1.5 percent of the average weekly earnings for each percent of disability in excess of percent is to be paid during the remainder of life, after payment for the maximum number of weeks specified in
Section has been made. For the purposes of this subdivision only, average weekly earnings shall be taken at not more than one hundred seven dollars and sixty-nine cents ($107.69). For injuries occurring on or after July 1, 1994, average weekly wages shall not be taken at more than one hundred fifty-seven dollars and sixty-nine cents ($157.69). For injuries occurring on or after July 1, 1995, average weekly wages shall not be taken at more than two hundred seven dollars and sixty-nine cents ($207.69).
For injuries occurring on or after July 1, 1996, average weekly wages shall not be taken at more than two hundred fifty-seven dollars and sixty-nine cents ($257.69). For injuries occurring on or after January 1, 2006, average weekly wages shall not be taken at more than five hundred fifteen dollars and thirty-eight cents ($515.38). (
b) If the permanent disability is total, the indemnity based upon the average weekly earnings determined under
Section shall be paid during the remainder of life. (
c) For injuries occurring on or after January 1, 2003, an employee who becomes entitled to receive a life pension or total permanent disability indemnity as set forth in subdivisions (
a) and (
b) shall have that payment increased annually commencing on January 1, 2004, and each January thereafter, by an amount equal to the percentage increase in the “state average weekly wage” as compared to the prior year. For purposes of this subdivision, “state average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the months ending March of the calendar year preceding the year in which the injury occurred.