VRTD rate help (California)

[laesquire]

1. The Defense is ordered to pay VRTD on an old schedule 2001 case.

2. The Defense pays the VRTD at the TTD rate of $490 at the time of injury. When payment is actually made it is more than 2 years after the date of injury. So the Hofmeister case seems to apply with the two year bump up. The TTD rate would bump up to $ 602.

3. AA says the VRTD rate is 2/3 of AWW which which comes up to $ 620.

4. The Defense says VRTD rate is 2/3 of AWW which comes out to be $602

QUESTION:
1. Is the VRTD to be paid at $ 602 or $ 620?

[stewshe]

laesquire,

First, for injuries o/a 1/1/90 the expression is "VRMA" for vocational rehabilitation maintennce allowance. VRTD was used prior to that time.

Next, I think you are correct regarding "Hofmeister," 12 CWCR 155, 49 CCC 438, holding after 2 years, TD is recalculated and paid at the rate in effect on the date when the payment is made. See also 2003 L.C. §4661.5, one of the "ghost statutes." It was enacted before 2003, but that is the last year it was in the L.C. book.

As to the rest of your post, we need to know just what the average weekly wage was. If the payment is yet to be made, the maximum would be, arguably, the max in effect today if the AWW was high enough...forgetting for the moment the sunsetting of L..C. 139.5 on 12/31/08.

I see you mention $602, the max in 2003 for TD. You also mention $620. (If you take this figure and multiply x 3 and divide by 2 you get an AWW of $930. I suspect that was the AWW for your claim.)

If the payment was made in 2003, more than 2 years after the D/A, and if the wages were equal to or above the 2003 max AWW for TD of $903, then the proper payment would be $602/wk.

If the payment was made in 2004 or later, and more than 2 years after the D/A, and the AWW was $930, then the proper payment would be $620/wk.

[laesquire]

Hi stew.

Thank you. Your analysis is perfect. The payment has still not bee made, so is would be $ 620.