You’re probably just here to download the latest workers’ compensation case about the Cost of Living Adjustment and State Average Weekly Wage increases.  I’m not going to hold you in suspense – here’s the download link:John Duncan (Subsequent Injuries Benefit Trust Fund) v. WCAB (X.S.), (W.C.A.B. No. ADJ1510738 / SJO0251902) Writ of Review 11/25/2009
Obviously, you need to read the entire decision for yourself. Here’s my oversimplification of the case:
Whenever the injured worker is due life pension payments for injuries on or after 1/1/2003, you calculate those benefits, whenever they are due, by increasing them according to the yearly increases in the state average weekly wage starting on 1/1/2004.
If some of this seems familiar, its because this is the same case as XYZZXSJO2 which came out back in February 2009. I had suggested back in February that the effect of the COLA increases on life pension payments today would be to increase them some 44% or so.
Still having trouble understanding the impact of this case? Well, you could try my XYZZXSJO2 calculator to tell you what the life pension rate should be during a given year. (Remember, this just tells you the rate – it is not a commutation calculator. These are still in the works).
What are your thoughts on Duncan v. WCAB?
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