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If your permanent disability is at least 70% but less than 100%, then you are entitled to a life pension. A life pension payment is determined by the formula: payment = (% - 60) x .015 x (weekly earnings within maximum) See Labor Code 4659 (a). Life pension payments do not commence until permanent partial payments end.

If your disability is total (100%) the payment for life is the same as the temporary total disability rate in effect on the date of the injury. Labor Code 4659 (b) refers to Labor Code 4453.

For injuries occurring on or after January 1, 2003, an injured worker who becomes entitled to receive a life pension or total permanent disability indemnity shall have that payment increased annually by an amount equal to the percentage increase in the State Avg Weekly Wage (SAWW) aka Cost of Living Adjustment (COLA). Labor Code 4659(c).

Call the Law Offices of Rene H. Pimentel at (951)788-2250 for a FREE consultation

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