As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] · CHAPTER 2. Compensation Schedules [4550 - 4856] · ARTICLE 3. Disability Payments [4650 - 4664]
(a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied. (b) (1) If the injury causes permanent disability, the first payment shall be made within 14 days after the date of last payment of temporary disability indemnity, except as provided in paragraph (2). When the last payment of temporary disability indemnity has been made pursuant to subdivision (c) of Section 4656, and regardless of whether the extent of permanent disability can be determined at that date, the employer nevertheless shall commence the timely payment required by this subdivision and shall continue to make these payments until the employer’s reasonable estimate of permanent disability indemnity due has been paid, and if the amount of permanent disability indemnity due has been determined, until that amount has been paid. (2) Prior to an award of permanent disability indemnity, a permanent disability indemnity payment shall not be required if the employer has offered the employee a position that pays at least 85 percent of the wages and compensation paid to the employee at the time of injury or if the employee is employed in a position that pays at least 100 percent of the wages and compensation paid to the employee at the time of injury, provided that when an award of permanent disability indemnity is made, the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee’s disability became permanent and stationary, whichever is earlier. (c) Payment of temporary or permanent disability indemnity subsequent to the first payment shall be made as due every two weeks on the day designated with the first payment. (d) If any indemnity payment is not made timely as required by this section, the amount of the late payment shall be increased 10 percent and shall be paid, without application, to the employee, unless the employer continues the employee’s wages under a salary continuation plan, as defined in subdivision (g). No increase shall apply to any payment due prior to or within 14 days after the date the claim form was submitted to the employer under Section 5401. No increase shall apply when, within the 14-day period specified under subdivision (a), the employer is unable to determine whether temporary disability indemnity payments are owed and advises the employee, in the manner prescribed in rules and regulations adopted pursuant to Section 138.4, why payments cannot be made within the 14-day period, what additional information is required to make the decision whether temporary disability indemnity payments are owed, and when the employer expects to have the information required to make the decision. (e) If the employer is insured for its obligation to provide compensation, the employer shall be obligated to reimburse the insurer for the amount of increase in indemnity payments, made pursuant to subdivision (d), if the late payment which gives rise to the increase in indemnity payments, is due less than seven days after the insurer receives the completed claim form from the employer. Except as specified in this subdivision, an employer shall not be obligated to reimburse an insurer nor shall an insurer be permitted to seek reimbursement, directly or indirectly, for the amount of increase in indemnity payments specified in this section. (f) If an employer is obligated under subdivision (e) to reimburse the insurer for the amount of increase in indemnity payments, the insurer shall notify the employer in writing, within 30 days of the payment, that the employer is obligated to reimburse the insurer and shall bill and collect the amount of the payment no later than at final audit. However, the insurer shall not be obligated to collect, and the employer shall not be obligated to reimburse, amounts paid pursuant to subdivision (d) unless the aggregate total paid in a policy year exceeds one hundred dollars ($100). The employer shall have 60 days, following notice of the obligation to reimburse, to appeal the decision of the insurer to the Department of Insurance. The notice of the obligation to reimburse shall specify that the employer has the right to appeal the decision of the insurer as provided in this subdivision. (g) For purposes of this section, “salary continuation plan” means a plan that meets both of the following requirements: (1) The plan is paid for by the employer pursuant to statute, collective bargaining agreement, memorandum of understanding, or established employer policy. (2) The plan provides the employee on his or her regular payday with salary not less than the employee is entitled to receive pursuant to statute, collective bargaining agreement, memorandum of understanding, or established employer policy and not less than the employee would otherwise receive in indemnity payments.
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ19087467 · 2026-08-17 · Santa Ana District Office§ 4650
Determinative passage · p.5Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on June 16, 2026. II. We highlight the following legal principles that may be relevant to our review of this matter: Temporary disability indemnity is a workers’ compensation benefit that is paid while an injured worker is unable to work because of a work-related injury and is primarily intended to substitute for lost wages. (Gonzales v. Workers’ Comp. Appeals Board (1998) 68 Cal.App.4th 843 [63 Cal.Comp.Cases 1477]; J. T. Thorp, Inc. v. Workers’ Comp. Appeals Bd. (Butler) (1984) 153 Cal.App.3d 327, 333 [49 Cal.Comp.Cases 224].) The purpose of temporary disability indemnity is to provide a steady source of income during the time the injured worker is not at work. (Gonzales, supra, at p. 1478.) Generally, a defendant’s liability for temporary disability payments ceases when the employee returns to work, is deemed medically able to return to work, or becomes permanent and stationary. (Lab. Code, §§ 4650-4657; Huston v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 856, 868 [44 Cal.Comp.Cases 798]; Bethlehem Steel Co. v. I.A.C. (Lemons) (1942) 54 Cal.App.2d 585, 586-587 [7 Cal.Comp.Cases 250]; Western Growers Ins. Co. v. Workers’ Comp. Appeals Bd.
The record is not properly developed on whether applicant was temporarily partially disabled during periods when temporary total disability benefits were paid, requiring further study.
Official decision · page 5 → - ADJ20337002 · 2026-07-21 · Sacramento District Office§ 4650
Determinative passage · p.7The Workers’ Compensation Act provides for temporary and permanent disability indemnity. (Lab. Code, § 4650 et seq.) Temporary disability indemnity is intended primarily to substitute for the worker’s lost wages, in order to maintain a steady stream of income. (Chavira v. Workers’ Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631].) Unlike permanent disability, which compensates an injured employee for diminished future earning capacity or decreased ability to compete in the open labor market, temporary disability is intended as a substitute for lost wages during a period of transitory incapacity to work. (Livitsanos v. Superior Court (1992) 2 Cal.4th 744, 753; see also Signature Fruit Co. v. Workers’ Comp. Appeals Bd. (Ochoa) (2006) 142 Cal.App.4th 790, 795 [71 Cal.Comp.Cases 1044].) Temporary total disability occurs when an employee is unable to earn any income during the period of recovery. (Herrera v. Workers’ Comp. Appeals Bd.
The Board applied these standards to determine entitlement to temporary total disability benefits.
Official decision · page 7 → - ADJ13667342 · 2026-07-06 · Santa Ana District Office§ 4650
Determinative passage · p.9II. The Workers’ Compensation Act provides for temporary and permanent disability indemnity. (Lab. Code, § 4650 et seq.) We first address the findings and award regarding temporary disability indemnity. Temporary disability indemnity is intended primarily to substitute for the worker’s lost wages, in order to maintain steady stream of income. (Chavira v. Workers’ Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631].) The calculation of an award of temporary disability requires (1) a determination of the employee’s average weekly earnings (which may be based on various calculations, including actual earnings or on earnings capacity), (2) the application of the minimum and maximum disability rates, and (3) a determination of the period the employee was temporarily totally disabled. Section 4453, subdivision (c), provides four methods to calculate average weekly earnings. (Lab. Code, § 4453(c)(1)-(4).) As relevant here, section 4453(c) provides: (1) Where the employment is for 30 or more hours a week and for five or more working days a week, the average weekly earnings shall be the number of working days a week times the daily earnings at the time of the injury.
Applied to temporary disability indemnity issue.
Official decision · page 9 → - ADJ21050654 · 2026-06-15 · Van Nuys District Office§ 4650
Determinative passage · p.4An offer of regular, modified, or alternative work must be bona fide in order for the
The defendant failed to establish that a bona fide offer of modified work was made or that modified work was actually available to the applicant within his restrictions, thus remains liable for temporary disability benefits.
Official decision · page 4 → - ADJ19532643 · 2026-05-18 · Marina del Rey District Office§ 4650
Determinative passage · p.5The Workers' Compensation Act provides for temporary and permanent disability indemnity. (Lab. Code, § 4650 et seq.) Temporary disability indemnity is intended primarily to substitute for the worker's lost wages, in order to maintain a steady stream of income. (Chavira v. Workers' Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631].) Unlike permanent disability, which compensates an injured employee for diminished future earning capacity or decreased ability to compete in the open labor market, temporary disability is intended as a substitute for lost wages during a period of transitory incapacity to work. (Livitsanos v. Superior Court (1992) 2 Cal.4th 744, 753; see also Signature Fruit Co. v. Workers' Comp. Appeals Bd. (Ochoa) (2006) 142 Cal.App.4th 790, 795 [71 Cal.Comp.Cases 1044].)
The WCJ applied this standard to find applicant's willingness to work post-retirement, supporting temporary disability benefits.
Official decision · page 5 → - ADJ20709426 · 2026-04-20 · Bakersfield District Office§ 4650
Determinative passage · p.5Temporary disability indemnity is a workers' compensation benefit that is paid while an injured worker is unable to work because of a work-related injury and is primarily intended to substitute for lost wages. (Gonzales v. Workers' Comp. Appeals Board (1998) 68 Cal.App.4th 843 [63 Cal.Comp.Cases 1477]; J. T. Thorp, Inc. v. Workers' Comp. Appeals Bd. (Butler) (1984) 153 Cal.App.3d 327, 333 [49 Cal.Comp.Cases 224].)
Applied to determine entitlement to temporary disability benefits and employer's burden to offer modified work.
Official decision · page 5 → - ADJ11247295 · 2026-03-04 · Santa Ana District Office§ 4650
Determinative passage · p.4injury until the worker has recovered sufficiently to return to work, or until his/her condition reaches a permanent and stationary status." (Huston, supra, 95 Cal.App.3d at p. 806, emphasis added.) "'Permanent and stationary status' is the point when the employee has reached maximal medical improvement, meaning his or her condition is well stabilized, and unlikely to change substantially in the next year with or without medical treatment." (Cal. Code Regs., tit. 8, § 9785 (a)(8); see also Cal. Code Regs., tit. 8, § 9811(k).)
Applicant would only receive temporary disability if not permanent and stationary; thus, if further evidence is needed, P&S status cannot be found yet.
Official decision · page 4 → - ADJ10111444 · 2026-02-02 · Bakersfield District Office§ 4650
Determinative passage · p.6II. We highlight several legal principles that may be relevant to our review of this matter. Temporary partial disability provides an injured employee two-thirds of the weekly loss in wages during the period that worker is temporarily disabled from an injury. (See Lab. Code, § 4650 et. seq.) When an injured worker is offered modified duty, which reasonably accommodates a partial disability, the injured worker must accept such accommodations or else the employer's liability for temporary disability ceases. (See Vittone v. Workers' Comp. Appeals Bd. (2001) 66 Cal. Comp. Cases 435 (writ den.) and Seale v. Workers' Comp. Appeals Bd. (1974) 39 Cal. Comp. Cases 676, 677 (writ den.) [applicant's refusal to cross a picket line to accept modified duty constituted grounds to deny temporary disability benefits],
The Board reviewed whether modified work was offered and accepted, affecting temporary disability entitlement.
Official decision · page 6 →
All 43 decisions naming § 4650 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 4650as what they implement.
- 8 CCR § 10100Definitions--Prior to January 1, 1994.
- 8 CCR § 10100.1Definitions--On or After January 1, 1994.
- 8 CCR § 10100.2Definitions
- 8 CCR § 10101Claim File--Contents.
- 8 CCR § 10101.1Claim File--Contents.
- 8 CCR § 10102Retention of Claim Files.
- 8 CCR § 10109Duty to Conduct Investigation; Duty of Good Faith.
- 8 CCR § 10111Schedule of Administrative Penalties for injuries on or after January 1, 1990, but before January 1, 1994.
- 8 CCR § 10111.1Schedule of Administrative Penalties for Injuries on or After January 1, 1994.
- 8 CCR § 10111.2Full Compliance Audit Penalty Schedules; Target Audit Penalty Schedule.
- 8 CCR § 10139Workers' Compensation Claim Form (DWC 1) and Notice of Potential Eligibility.
- 8 CCR § 10464Contents of Petition to Terminate Liability. [Repealed]repealed
- 8 CCR § 10466Objections to Petition, Hearing, Interim Order. [Repealed]repealed
- 8 CCR § 10540Petition to Terminate Liability for Continuing Temporary Disability.
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 4650
What is California Labor Code § 4650?
Labor Code § 4650 sits in ARTICLE 3. Disability Payments [4650 - 4664]. The statute on this page begins: (a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4650 in this corpus?
This corpus has 43 released decisions whose extracted legal standards named § 4650. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.