eNews - January 6, 2008
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An Improved Comp Benefit that Schwarzennegger Didn't Kill
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When Gov. Arnold Schwarzenegger signed Senate Bill 899 into law on April 19, 2004, he drastically reduced every injured Californian worker's rights and benefits.
One of the few Workers' Compensation improvements that survived SB 899 was the Cost of Living Adjustment (COLA) in the State Average Weekly Wage (SAWW) to be applied to any Permanent Disability rating above 70%.
Partner Sherry Grant was recently able to raise a client's total weekly Permanent Disability benefits - and provide for future increases - based on increases in the SAWW between 2005 and 2007. Only injuries on or after Jan. 1, 2003, are eligible to qualify for these increases.
All the attorneys in the law firm are seeing workers injured on or after Jan. 1, 2003 reach maximum medical improvement. This is the point - permanent and stationary status - when an injured workers' disability is rated. A COLA increase must be considered if the rating exceeds 70%, but changes in the law have made reaching that threshold harder than ever. Even the most seriously injured workers need a skilled attorney.
There is still some debate about how to estimate the present value of the potential COLA increases in the future. Over the last 50 years, the Cost of Living in California has increased an average of 4.7% annually.
Contact us for a free evaluation of your case if your work-related injury occurred after Jan. 1, 2003 and resulted in at least a 70% Permanent Disability. You may be eligible for the COLA.
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