Work out when temporary disability payments reach the statutory cap
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the payment history the lawyer supplies, list the date of injury, the date temporary disability payment commenced, the number of compensable weeks paid, and whether the file records one of the conditions named for a longer cap. Do not decide that payments have stopped. State law governs, and the lawyer confirms the governing state. For example, California.
- What the lawyer must review
- California Labor Code § 4656(c)(1) says aggregate disability payments for a single injury occurring on or after 19 April 2004, causing temporary disability, shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment. Paragraph (c)(2) says that for a single injury occurring on or after 1 January 2008, the 104 compensable weeks run within five years from the date of injury. Paragraph (c)(3) extends the cap to 240 compensable weeks within five years from the date of injury for the listed conditions, including acute and chronic hepatitis B and C, amputations, severe burns, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, and chronic lung disease. You decide which paragraph applies. Section 4653 states the two-thirds temporary-total rate and does not state this cap. State law governs, and the lawyer confirms the governing state. For example, California.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.