Three Two-Year T.D. Cap Applies to Teacher Benefits

Earlier this year we reported on whether the 2-year cap on Temporary Disability benefits applied to public employee industrial leave benefits. The Court of Appeals recently decided a case that is not good news for teachers.

In the published opinion of Mt. Diablo Unified School District v. WCAB, the Court of Appeals ruled that teachers' benefits for on-the-job injuries under the Education Code are included under the 2-year limit. Labor Code Section 4656 limits Temporary Disability - including Education Code benefits - to two years from the date of the first payment for an injury occurring between April 19, 2004 through Dec. 31, 2007, and two years within five years from the date of an injury for an injury occurring on or after Jan. 1, 2008.

Based on recent Court of Appeals decisions, it seems the only public-leave benefits still not limited by the 2-year cap are Labor Code 4850 benefits for public safety workers.

Injured workers need to be aware of these Temporary Disability limits when time off work is required due to an injury.