What the panel ordered
Reconsideration granted; prior decision affirmed except amended to reflect SAWW adjustments commence January 1 following exhaustion of partial permanent disability benefits.
This docket was decided more than once. Shown here is the latest released decision; we also hold September 18, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board agreed with defendant that SAWW adjustments should commence on the January 1 following exhaustion of partial permanent disability benefits, not January 1, 2014 as previously determined.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Permanent disability benefits commence November 23, 2013, and extend for 785 weeks, ending approximately December 10, 2028.
Favours Defendant prevailed
This fact supports the timing of SAWW adjustments to start after exhaustion of partial permanent disability benefits, not January 1, 2014.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4659(c)
SAWW adjustments commence on the January 1 following exhaustion of partial permanent disability benefits.
Applied to amend the timing of SAWW adjustments in this case.
From the decision · page 2We agree. Section 4659(c) provides for SAWW adjustments to the award of both life pension benefits (section 4659(a)) and permanent total disability benefits (section 4659(b)). Here, the award of 92 percent disability will be followed by a life pension, and the applicable SAWW adjustment will commence on the January 1 following the date on which partial permanent disability benefits are exhausted. Accordingly, we will grant defendant's Petition, and affirm our September 18, 2023 Decision After Reconsideration, except that we will amend Finding of Fact No. 10 to reflect that SAWW adjustment pursuant to Labor Code section 4659(c) shall commence on the January 1 following the date on which partial permanent disability benefits are exhausted.
Baker v. Worker's Comp. Appeals Bd. (2011) 52 Cal.4th 434
SAWW adjustments timing interpretation per Baker v. Worker's Comp. Appeals Bd. (2011) 52 Cal.4th 434.
Cited by defendant to support their position on SAWW adjustment timing.
From the decision · page 1Defendant contends that pursuant to Baker v. Worker's Comp. Appeals Bd. (2011) 52 Cal.4th 434 [76 Cal.Comp.Cases 701] (Baker), SAWW adjustments are to begin on the January 1 following "the date on which partial permanent disability benefits become exhausted in the case of life pension payments." (Id. at p. 439.) Defendant avers that permanent disability benefits in this matter commence November 23, 2013, and will extend for 785 weeks, ending on approximately December 10, 2028. (Petition for Reconsideration, p. 2:25.) Accordingly, applicant's life pension benefits will not commence until 2028. Defendant therefore avers error in
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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