California Applicants' Attorneys Association (CAAA) Reacts to California Supreme Court's "Baker" Decision on Cost of Living for Disabled Workers.
The California Supreme Court issued its decision today in Baker v. WCAB, addressing the issue of when the cost of living adjustments (COLA) contained in Labor Code Section 4659(c) are first calculated for payments of permanent total disability and life pension benefits. The code section provides for the annual indexing of two categories of workers’ compensation benefits—total permanent disability and life pension payments—to yearly increases in the state’s average weekly wage (SAWW), so that lifetime disability payments made to the most seriously injured workers will keep pace with inflation. Unfortunately for Californians disabled by an injury on the job, the Court ruled that disability compensation will not rise with inflation.
Posted 08-12-2011 10:42 AM by caaaAdmin