TD Caps For Claims With 2008 Dates of Injury

Labor Code §4656 sets the maximum period for temporary disability payments in California workers’ compensation. In 2007, state lawmakers enacted AB 338 (Coto), which amended LC §4656(c)(2) to extend the temporary disability payment cap for most injuries from 104 compensable weeks within two years of the date of the first TD payment to 104 compensable weeks within five years of the date of injury.

This change was effective for claims with dates of injury on or after January 1, 2008, so regardless of whether a full 104 weeks of TD has been paid, the 5-year TD payment period for claims with 2008 injury dates will be reached this year (some with early 2008 injury dates already have). Therefore, claims administrators should check any claims with injury dates from 2008 or earlier on which TD is still being paid to see if the 5-year payment period has been reached and TD payments should be terminated.

In cases where the 5-year payment period is reached before the injured worker can return to work, they may be able to get State Disability benefits, but there are time restrictions and they must apply in advance. To obtain the necessary information and forms, they should contact their local Employment Development Department (EDD) office, call the EDD toll-free number (800) 480-3287; or visit the EDD website at http://www.edd.ca.gov/.

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