4451. Average annual earnings shall be taken as fifty-two times the
average weekly earnings referred to in this chapter.
4452. Four times the average annual earnings shall be taken at not
less than four thousand eight hundred dollars and sixty-four cents
($4,800.64) nor more than fifteen thousand two hundred dollars and
sixty-four cents ($15,200.64) in disability cases, and in death cases
shall be taken at not less than the minimum nor more than the
maximum limits as provided in Section 4702 of this code.
4452.5. As used in this division:
(a) "Permanent total disability" means a permanent disability with
a rating of 100 percent permanent disability only.
(b) "Permanent partial disability" means a permanent disability
with a rating of less than 100 percent permanent disability.
4453. (a) In computing average annual earnings for the purposes of
temporary disability indemnity and permanent total disability
indemnity only, the average weekly earnings shall be taken at:
(1) Not less than one hundred twenty-six dollars ($126) nor more
than two hundred ninety-four dollars ($294), for injuries occurring
on or after January 1, 1983.
(2) Not less than one hundred sixty-eight dollars ($168) nor more
than three hundred thirty-six dollars ($336), for injuries occurring
on or after January 1, 1984.
(3) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and, for temporary disability, not less
than the lesser of one hundred sixty-eight dollars ($168) or 1.5
times the employee's average weekly earnings from all employers, but
in no event less than one hundred forty-seven dollars ($147), nor
more than three hundred ninety-nine dollars ($399), for injuries
occurring on or after January 1, 1990.
(4) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than five hundred four dollars ($504), for injuries occurring on
or after January 1, 1991.
(5) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than six hundred nine dollars ($609), for injuries occurring on
or after July 1, 1994.
(6) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than six hundred seventy-two dollars ($672), for injuries
occurring on or after July 1, 1995.
(7) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than seven hundred thirty-five dollars ($735), for injuries
occurring on or after July 1, 1996.
(8) Not less than one hundred eighty-nine dollars ($189), nor more
than nine hundred three dollars ($903), for injuries occurring on or
after January 1, 2003.
(9) Not less than one hundred eighty-nine dollars ($189), nor more
than one thousand ninety-two dollars ($1,092), for injuries
occurring on or after January 1, 2004.
(10) Not less than one hundred eighty-nine dollars ($189), nor
more than one thousand two hundred sixty dollars ($1,260), for
injuries occurring on or after January 1, 2005. For injuries
occurring on or after January 1, 2006, average weekly earnings shall
be taken at not less than one hundred eighty-nine dollars ($189), nor
more than one thousand two hundred sixty dollars ($1,260) or 1.5
times the state average weekly wage, whichever is greater. Commencing
on January 1, 2007, and each January 1 thereafter, the limits
specified in this paragraph shall be increased by an amount equal to
the percentage increase in the state average weekly wage as compared
to the prior year. For purposes of this paragraph, "state average
weekly wage" means the average weekly wage paid by employers to
employees covered by unemployment insurance as reported by the United
States Department of Labor for California for the 12 months ending
March 31 of the calendar year preceding the year in which the injury
occurred.
(b) In computing average annual earnings for purposes of permanent
partial disability indemnity, except as provided in Section 4659,
the average weekly earnings shall be taken at:
(1) Not less than seventy-five dollars ($75), nor more than one
hundred ninety-five dollars ($195), for injuries occurring on or
after January 1, 1983.
(2) Not less than one hundred five dollars ($105), nor more than
two hundred ten dollars ($210), for injuries occurring on or after
January 1, 1984.
(3) When the final adjusted permanent disability rating of the
injured employee is 15 percent or greater, but not more than 24.75
percent: (A) not less than one hundred five dollars ($105), nor more
than two hundred twenty-two dollars ($222), for injuries occurring on
or after July 1, 1994; (B) not less than one hundred five dollars
($105), nor more than two hundred thirty-one dollars ($231), for
injuries occurring on or after July 1, 1995; (C) not less than one
hundred five dollars ($105), nor more than two hundred forty dollars
($240), for injuries occurring on or after July 1, 1996.
(4) When the final adjusted permanent disability rating of the
injured employee is 25 percent or greater, not less than one hundred
five dollars ($105), nor more than two hundred twenty-two dollars
($222), for injuries occurring on or after January 1, 1991.
(5) When the final adjusted permanent disability rating of the
injured employee is 25 percent or greater but not more than 69.75
percent: (A) not less than one hundred five dollars ($105), nor more
than two hundred thirty-seven dollars ($237), for injuries occurring
on or after July 1, 1994; (B) not less than one hundred five dollars
($105), nor more than two hundred forty-six dollars ($246), for
injuries occurring on or after July 1, 1995; and (C) not less than
one hundred five dollars ($105), nor more than two hundred fifty-five
dollars ($255), for injuries occurring on or after July 1, 1996.
(6) When the final adjusted permanent disability rating of the
injured employee is less than 70 percent: (A) not less than one
hundred fifty dollars ($150), nor more than two hundred seventy-seven
dollars and fifty cents ($277.50), for injuries occurring on or
after January 1, 2003; (B) not less than one hundred fifty-seven
dollars and fifty cents ($157.50), nor more than three hundred
dollars ($300), for injuries occurring on or after January 1, 2004;
(C) not less than one hundred fifty-seven dollars and fifty cents
($157.50), nor more than three hundred thirty dollars ($330), for
injuries occurring on or after January 1, 2005; and (D) not less than
one hundred ninety-five dollars ($195), nor more than three hundred
forty-five dollars ($345), for injuries occurring on or after January
1, 2006.
(7) When the final adjusted permanent disability rating of the
injured employee is 70 percent or greater, but less than 100 percent:
(A) not less than one hundred five dollars ($105), nor more than two
hundred fifty-two dollars ($252), for injuries occurring on or after
July 1, 1994; (B) not less than one hundred five dollars ($105), nor
more than two hundred ninety-seven dollars ($297), for injuries
occurring on or after July 1, 1995; (C) not less than one hundred
five dollars ($105), nor more than three hundred forty-five dollars
($345), for injuries occurring on or after July 1, 1996; (D) not less
than one hundred fifty dollars ($150), nor more than three hundred
forty-five dollars ($345), for injuries occurring on or after January
1, 2003; (E) not less than one hundred fifty-seven dollars and fifty
cents ($157.50), nor more than three hundred seventy-five dollars
($375), for injuries occurring on or after January 1, 2004; (F) not
less than one hundred fifty-seven dollars and fifty cents ($157.50),
nor more than four hundred five dollars ($405), for injuries
occurring on or after January 1, 2005; and (G) not less than one
hundred ninety-five dollars ($195), nor more than four hundred five
dollars ($405), for injuries occurring on or after January 1, 2006.
(c) Between the limits specified in subdivisions (a) and (b), the
average weekly earnings, except as provided in Sections 4456 to 4459,
shall be arrived at as follows:
(1) Where the employment is for 30 or more hours a week and for
five or more working days a week, the average weekly earnings shall
be the number of working days a week times the daily earnings at the
time of the injury.
(2) Where the employee is working for two or more employers at or
about the time of the injury, the average weekly earnings shall be
taken as the aggregate of these earnings from all employments
computed in terms of one week; but the earnings from employments
other than the employment in which the injury occurred shall not be
taken at a higher rate than the hourly rate paid at the time of the
injury.
(3) If the earnings are at an irregular rate, such as piecework,
or on a commission basis, or are specified to be by week, month, or
other period, then the average weekly earnings mentioned in
subdivision (a) shall be taken as the actual weekly earnings averaged
for this period of time, not exceeding one year, as may conveniently
be taken to determine an average weekly rate of pay.
(4) Where the employment is for less than 30 hours per week, or
where for any reason the foregoing methods of arriving at the average
weekly earnings cannot reasonably and fairly be applied, the average
weekly earnings shall be taken at 100 percent of the sum which
reasonably represents the average weekly earning capacity of the
injured employee at the time of his or her injury, due consideration
being given to his or her actual earnings from all sources and
employments.
(d) Every computation made pursuant to this section beginning
January 1, 1990, shall be made only with reference to temporary
disability or the permanent disability resulting from an original
injury sustained after January 1, 1990. However, all rights existing
under this section on January 1, 1990, shall be continued in force.
Except as provided in Section 4661.5, disability indemnity benefits
shall be calculated according to the limits in this section in effect
on the date of injury and shall remain in effect for the duration of
any disability resulting from the injury.
4453.5. Benefits payable on account of an injury shall not be
affected by a subsequent statutory change in amounts of indemnity
payable under this division, and shall be continued as authorized,
and in the amounts provided for, by the law in effect at the time the
injury giving rise to the right to such benefits occurred.
4454. In determining average weekly earnings within the limits
fixed in Section 4453, there shall be included overtime and the
market value of board, lodging, fuel, and other advantages received
by the injured employee as part of his remuneration, which can be
estimated in money, but such average weekly earnings shall not
include any sum which the employer pays to or for the injured
employee to cover any special expenses entailed on the employee by
the nature of his employment, nor shall there be included either the
cost or the market value of any savings, wage continuation, wage
replacement, or stock acquisition program or of any employee benefit
programs for which the employer pays or contributes to persons other
than the employee or his family.
4455. If the injured employee is under 18 years of age, and his or
her incapacity is permanent, his or her average weekly earnings shall
be deemed, within the limits fixed in Section 4453, to be the weekly
sum that under ordinary circumstances he or she would probably be
able to earn at the age of 18 years, in the occupation in which he or
she was employed at the time of the injury or in any occupation to
which he or she would reasonably have been promoted if he or she had
not been injured. If the probable earnings at the age of 18 years
cannot reasonably be determined, his or her average weekly earnings
shall be taken at the maximum limit established in Section 4453.
4456. Where any employee is injured while engaged on any
unemployment work relief program conducted by the State, or a
political subdivision, or any State or governmental agency, the
disability payments due under this division shall be determined
solely on the monthly earnings or anticipated earnings of such person
from such program, such payments to be within the minimum and
maximum limits set forth in section 4453.
4457. In the event the average weekly earnings of workmen
associating themselves under a partnership agreement, the principal
purpose of which is the performance of labor on a particular piece of
work, are not otherwise ascertainable, they shall be deemed to be
forty dollars ($40).
4458. If a member registered as an active firefighting member of
any regularly organized volunteer fire department as described in
Section 3361 suffers injury or death while in the performance of his
duty as fireman, or if a person engaged in fire suppression as
described in Section 3365 suffers injury or death while so engaged,
then, irrespective of his remuneration from this or other employment
or from both, his average weekly earnings for the purposes of
determining temporary disability indemnity and permanent disability
indemnity shall be taken at the maximum fixed for each, respectively,
in Section 4453. Four times his average annual earnings in
disability cases and in death cases shall be taken at the maximum
limits provided in Sections 4452 and 4702 respectively.
4458.2. If an active peace officer of any department as described
in Section 3362 suffers injury or death while in the performance of
his or her duties as a peace officer, or if a person engaged in the
performance of active law enforcement service as described in Section
3366 suffers injury or death while in the performance of that active
law enforcement service, or if a person registered as a reserve
peace officer of any regularly organized police or sheriff's
department as described in Section 3362.5 suffers injury or death
while in the performance of his or her duties as a peace officer,
then, irrespective of his or her remuneration from this or other
employment or from both, his or her average weekly earnings for the
purposes of determining temporary disability indemnity and permanent
disability indemnity shall be taken at the maximum fixed for each,
respectively, in Section 4453. Four times his or her average annual
earnings in disability cases and in death cases shall be taken at the
maximum limits provided in Sections 4452 and 4702 respectively.
4458.5. If a member suffers "an injury" following termination of
active service, and within the time prescribed in Section 3212,
3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, or 3213, then,
irrespective of his remuneration from any postactive service
employment, his average weekly earnings for the purposes of
determining temporary disability indemnity, permanent total
disability indemnity, and permanent partial disability indemnity,
shall be taken at the maximum fixed for each such disability,
respectively, in Section 4453.
4459. The fact that an employee has suffered a previous disability,
or received compensation therefor, does not preclude him from
compensation for a later injury, or his dependents from compensation
for death resulting therefrom, but in determining compensation for
the later injury, or death resulting therefrom, his average weekly
earnings shall be fixed at the sum which reasonably represents his
earning capacity at the time of the later injury.
4451. Average annual earnings shall be taken as fifty-two times the
average weekly earnings referred to in this chapter.
4452. Four times the average annual earnings shall be taken at not
less than four thousand eight hundred dollars and sixty-four cents
($4,800.64) nor more than fifteen thousand two hundred dollars and
sixty-four cents ($15,200.64) in disability cases, and in death cases
shall be taken at not less than the minimum nor more than the
maximum limits as provided in Section 4702 of this code.
4452.5. As used in this division:
(a) "Permanent total disability" means a permanent disability with
a rating of 100 percent permanent disability only.
(b) "Permanent partial disability" means a permanent disability
with a rating of less than 100 percent permanent disability.
4453. (a) In computing average annual earnings for the purposes of
temporary disability indemnity and permanent total disability
indemnity only, the average weekly earnings shall be taken at:
(1) Not less than one hundred twenty-six dollars ($126) nor more
than two hundred ninety-four dollars ($294), for injuries occurring
on or after January 1, 1983.
(2) Not less than one hundred sixty-eight dollars ($168) nor more
than three hundred thirty-six dollars ($336), for injuries occurring
on or after January 1, 1984.
(3) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and, for temporary disability, not less
than the lesser of one hundred sixty-eight dollars ($168) or 1.5
times the employee's average weekly earnings from all employers, but
in no event less than one hundred forty-seven dollars ($147), nor
more than three hundred ninety-nine dollars ($399), for injuries
occurring on or after January 1, 1990.
(4) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than five hundred four dollars ($504), for injuries occurring on
or after January 1, 1991.
(5) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than six hundred nine dollars ($609), for injuries occurring on
or after July 1, 1994.
(6) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than six hundred seventy-two dollars ($672), for injuries
occurring on or after July 1, 1995.
(7) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than seven hundred thirty-five dollars ($735), for injuries
occurring on or after July 1, 1996.
(8) Not less than one hundred eighty-nine dollars ($189), nor more
than nine hundred three dollars ($903), for injuries occurring on or
after January 1, 2003.
(9) Not less than one hundred eighty-nine dollars ($189), nor more
than one thousand ninety-two dollars ($1,092), for injuries
occurring on or after January 1, 2004.
(10) Not less than one hundred eighty-nine dollars ($189), nor
more than one thousand two hundred sixty dollars ($1,260), for
injuries occurring on or after January 1, 2005. For injuries
occurring on or after January 1, 2006, average weekly earnings shall
be taken at not less than one hundred eighty-nine dollars ($189), nor
more than one thousand two hundred sixty dollars ($1,260) or 1.5
times the state average weekly wage, whichever is greater. Commencing
on January 1, 2007, and each January 1 thereafter, the limits
specified in this paragraph shall be increased by an amount equal to
the percentage increase in the state average weekly wage as compared
to the prior year. For purposes of this paragraph, "state average
weekly wage" means the average weekly wage paid by employers to
employees covered by unemployment insurance as reported by the United
States Department of Labor for California for the 12 months ending
March 31 of the calendar year preceding the year in which the injury
occurred.
(b) In computing average annual earnings for purposes of permanent
partial disability indemnity, except as provided in Section 4659,
the average weekly earnings shall be taken at:
(1) Not less than seventy-five dollars ($75), nor more than one
hundred ninety-five dollars ($195), for injuries occurring on or
after January 1, 1983.
(2) Not less than one hundred five dollars ($105), nor more than
two hundred ten dollars ($210), for injuries occurring on or after
January 1, 1984.
(3) When the final adjusted permanent disability rating of the
injured employee is 15 percent or greater, but not more than 24.75
percent: (A) not less than one hundred five dollars ($105), nor more
than two hundred twenty-two dollars ($222), for injuries occurring on
or after July 1, 1994; (B) not less than one hundred five dollars
($105), nor more than two hundred thirty-one dollars ($231), for
injuries occurring on or after July 1, 1995; (C) not less than one
hundred five dollars ($105), nor more than two hundred forty dollars
($240), for injuries occurring on or after July 1, 1996.
(4) When the final adjusted permanent disability rating of the
injured employee is 25 percent or greater, not less than one hundred
five dollars ($105), nor more than two hundred twenty-two dollars
($222), for injuries occurring on or after January 1, 1991.
(5) When the final adjusted permanent disability rating of the
injured employee is 25 percent or greater but not more than 69.75
percent: (A) not less than one hundred five dollars ($105), nor more
than two hundred thirty-seven dollars ($237), for injuries occurring
on or after July 1, 1994; (B) not less than one hundred five dollars
($105), nor more than two hundred forty-six dollars ($246), for
injuries occurring on or after July 1, 1995; and (C) not less than
one hundred five dollars ($105), nor more than two hundred fifty-five
dollars ($255), for injuries occurring on or after July 1, 1996.
(6) When the final adjusted permanent disability rating of the
injured employee is less than 70 percent: (A) not less than one
hundred fifty dollars ($150), nor more than two hundred seventy-seven
dollars and fifty cents ($277.50), for injuries occurring on or
after January 1, 2003; (B) not less than one hundred fifty-seven
dollars and fifty cents ($157.50), nor more than three hundred
dollars ($300), for injuries occurring on or after January 1, 2004;
(C) not less than one hundred fifty-seven dollars and fifty cents
($157.50), nor more than three hundred thirty dollars ($330), for
injuries occurring on or after January 1, 2005; and (D) not less than
one hundred ninety-five dollars ($195), nor more than three hundred
forty-five dollars ($345), for injuries occurring on or after January
1, 2006.
(7) When the final adjusted permanent disability rating of the
injured employee is 70 percent or greater, but less than 100 percent:
(A) not less than one hundred five dollars ($105), nor more than two
hundred fifty-two dollars ($252), for injuries occurring on or after
July 1, 1994; (B) not less than one hundred five dollars ($105), nor
more than two hundred ninety-seven dollars ($297), for injuries
occurring on or after July 1, 1995; (C) not less than one hundred
five dollars ($105), nor more than three hundred forty-five dollars
($345), for injuries occurring on or after July 1, 1996; (D) not less
than one hundred fifty dollars ($150), nor more than three hundred
forty-five dollars ($345), for injuries occurring on or after January
1, 2003; (E) not less than one hundred fifty-seven dollars and fifty
cents ($157.50), nor more than three hundred seventy-five dollars
($375), for injuries occurring on or after January 1, 2004; (F) not
less than one hundred fifty-seven dollars and fifty cents ($157.50),
nor more than four hundred five dollars ($405), for injuries
occurring on or after January 1, 2005; and (G) not less than one
hundred ninety-five dollars ($195), nor more than four hundred five
dollars ($405), for injuries occurring on or after January 1, 2006.
(c) Between the limits specified in subdivisions (a) and (b), the
average weekly earnings, except as provided in Sections 4456 to 4459,
shall be arrived at as follows:
(1) Where the employment is for 30 or more hours a week and for
five or more working days a week, the average weekly earnings shall
be the number of working days a week times the daily earnings at the
time of the injury.
(2) Where the employee is working for two or more employers at or
about the time of the injury, the average weekly earnings shall be
taken as the aggregate of these earnings from all employments
computed in terms of one week; but the earnings from employments
other than the employment in which the injury occurred shall not be
taken at a higher rate than the hourly rate paid at the time of the
injury.
(3) If the earnings are at an irregular rate, such as piecework,
or on a commission basis, or are specified to be by week, month, or
other period, then the average weekly earnings mentioned in
subdivision (a) shall be taken as the actual weekly earnings averaged
for this period of time, not exceeding one year, as may conveniently
be taken to determine an average weekly rate of pay.
(4) Where the employment is for less than 30 hours per week, or
where for any reason the foregoing methods of arriving at the average
weekly earnings cannot reasonably and fairly be applied, the average
weekly earnings shall be taken at 100 percent of the sum which
reasonably represents the average weekly earning capacity of the
injured employee at the time of his or her injury, due consideration
being given to his or her actual earnings from all sources and
employments.
(d) Every computation made pursuant to this section beginning
January 1, 1990, shall be made only with reference to temporary
disability or the permanent disability resulting from an original
injury sustained after January 1, 1990. However, all rights existing
under this section on January 1, 1990, shall be continued in force.
Except as provided in Section 4661.5, disability indemnity benefits
shall be calculated according to the limits in this section in effect
on the date of injury and shall remain in effect for the duration of
any disability resulting from the injury.
4453.5. Benefits payable on account of an injury shall not be
affected by a subsequent statutory change in amounts of indemnity
payable under this division, and shall be continued as authorized,
and in the amounts provided for, by the law in effect at the time the
injury giving rise to the right to such benefits occurred.
4454. In determining average weekly earnings within the limits
fixed in Section 4453, there shall be included overtime and the
market value of board, lodging, fuel, and other advantages received
by the injured employee as part of his remuneration, which can be
estimated in money, but such average weekly earnings shall not
include any sum which the employer pays to or for the injured
employee to cover any special expenses entailed on the employee by
the nature of his employment, nor shall there be included either the
cost or the market value of any savings, wage continuation, wage
replacement, or stock acquisition program or of any employee benefit
programs for which the employer pays or contributes to persons other
than the employee or his family.
4455. If the injured employee is under 18 years of age, and his or
her incapacity is permanent, his or her average weekly earnings shall
be deemed, within the limits fixed in Section 4453, to be the weekly
sum that under ordinary circumstances he or she would probably be
able to earn at the age of 18 years, in the occupation in which he or
she was employed at the time of the injury or in any occupation to
which he or she would reasonably have been promoted if he or she had
not been injured. If the probable earnings at the age of 18 years
cannot reasonably be determined, his or her average weekly earnings
shall be taken at the maximum limit established in Section 4453.
4456. Where any employee is injured while engaged on any
unemployment work relief program conducted by the State, or a
political subdivision, or any State or governmental agency, the
disability payments due under this division shall be determined
solely on the monthly earnings or anticipated earnings of such person
from such program, such payments to be within the minimum and
maximum limits set forth in section 4453.
4457. In the event the average weekly earnings of workmen
associating themselves under a partnership agreement, the principal
purpose of which is the performance of labor on a particular piece of
work, are not otherwise ascertainable, they shall be deemed to be
forty dollars ($40).
4458. If a member registered as an active firefighting member of
any regularly organized volunteer fire department as described in
Section 3361 suffers injury or death while in the performance of his
duty as fireman, or if a person engaged in fire suppression as
described in Section 3365 suffers injury or death while so engaged,
then, irrespective of his remuneration from this or other employment
or from both, his average weekly earnings for the purposes of
determining temporary disability indemnity and permanent disability
indemnity shall be taken at the maximum fixed for each, respectively,
in Section 4453. Four times his average annual earnings in
disability cases and in death cases shall be taken at the maximum
limits provided in Sections 4452 and 4702 respectively.
4458.2. If an active peace officer of any department as described
in Section 3362 suffers injury or death while in the performance of
his or her duties as a peace officer, or if a person engaged in the
performance of active law enforcement service as described in Section
3366 suffers injury or death while in the performance of that active
law enforcement service, or if a person registered as a reserve
peace officer of any regularly organized police or sheriff's
department as described in Section 3362.5 suffers injury or death
while in the performance of his or her duties as a peace officer,
then, irrespective of his or her remuneration from this or other
employment or from both, his or her average weekly earnings for the
purposes of determining temporary disability indemnity and permanent
disability indemnity shall be taken at the maximum fixed for each,
respectively, in Section 4453. Four times his or her average annual
earnings in disability cases and in death cases shall be taken at the
maximum limits provided in Sections 4452 and 4702 respectively.
4458.5. If a member suffers "an injury" following termination of
active service, and within the time prescribed in Section 3212,
3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, or 3213, then,
irrespective of his remuneration from any postactive service
employment, his average weekly earnings for the purposes of
determining temporary disability indemnity, permanent total
disability indemnity, and permanent partial disability indemnity,
shall be taken at the maximum fixed for each such disability,
respectively, in Section 4453.
4459. The fact that an employee has suffered a previous disability,
or received compensation therefor, does not preclude him from
compensation for a later injury, or his dependents from compensation
for death resulting therefrom, but in determining compensation for
the later injury, or death resulting therefrom, his average weekly
earnings shall be fixed at the sum which reasonably represents his
earning capacity at the time of the later injury.
4451. Average annual earnings shall be taken as fifty-two times the
average weekly earnings referred to in this chapter.
4452. Four times the average annual earnings shall be taken at not
less than four thousand eight hundred dollars and sixty-four cents
($4,800.64) nor more than fifteen thousand two hundred dollars and
sixty-four cents ($15,200.64) in disability cases, and in death cases
shall be taken at not less than the minimum nor more than the
maximum limits as provided in Section 4702 of this code.
4452.5. As used in this division:
(a) "Permanent total disability" means a permanent disability with
a rating of 100 percent permanent disability only.
(b) "Permanent partial disability" means a permanent disability
with a rating of less than 100 percent permanent disability.
4453. (a) In computing average annual earnings for the purposes of
temporary disability indemnity and permanent total disability
indemnity only, the average weekly earnings shall be taken at:
(1) Not less than one hundred twenty-six dollars ($126) nor more
than two hundred ninety-four dollars ($294), for injuries occurring
on or after January 1, 1983.
(2) Not less than one hundred sixty-eight dollars ($168) nor more
than three hundred thirty-six dollars ($336), for injuries occurring
on or after January 1, 1984.
(3) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and, for temporary disability, not less
than the lesser of one hundred sixty-eight dollars ($168) or 1.5
times the employee's average weekly earnings from all employers, but
in no event less than one hundred forty-seven dollars ($147), nor
more than three hundred ninety-nine dollars ($399), for injuries
occurring on or after January 1, 1990.
(4) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than five hundred four dollars ($504), for injuries occurring on
or after January 1, 1991.
(5) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than six hundred nine dollars ($609), for injuries occurring on
or after July 1, 1994.
(6) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than six hundred seventy-two dollars ($672), for injuries
occurring on or after July 1, 1995.
(7) Not less than one hundred sixty-eight dollars ($168) for
permanent total disability, and for temporary disability, not less
than the lesser of one hundred eighty-nine dollars ($189) or 1.5
times the employee's average weekly earnings from all employers, nor
more than seven hundred thirty-five dollars ($735), for injuries
occurring on or after July 1, 1996.
(8) Not less than one hundred eighty-nine dollars ($189), nor more
than nine hundred three dollars ($903), for injuries occurring on or
after January 1, 2003.
(9) Not less than one hundred eighty-nine dollars ($189), nor more
than one thousand ninety-two dollars ($1,092), for injuries
occurring on or after January 1, 2004.
(10) Not less than one hundred eighty-nine dollars ($189), nor
more than one thousand two hundred sixty dollars ($1,260), for
injuries occurring on or after January 1, 2005. For injuries
occurring on or after January 1, 2006, average weekly earnings shall
be taken at not less than one hundred eighty-nine dollars ($189), nor
more than one thousand two hundred sixty dollars ($1,260) or 1.5
times the state average weekly wage, whichever is greater. Commencing
on January 1, 2007, and each January 1 thereafter, the limits
specified in this paragraph shall be increased by an amount equal to
the percentage increase in the state average weekly wage as compared
to the prior year. For purposes of this paragraph, "state average
weekly wage" means the average weekly wage paid by employers to
employees covered by unemployment insurance as reported by the United
States Department of Labor for California for the 12 months ending
March 31 of the calendar year preceding the year in which the injury
occurred.
(b) In computing average annual earnings for purposes of permanent
partial disability indemnity, except as provided in Section 4659,
the average weekly earnings shall be taken at:
(1) Not less than seventy-five dollars ($75), nor more than one
hundred ninety-five dollars ($195), for injuries occurring on or
after January 1, 1983.
(2) Not less than one hundred five dollars ($105), nor more than
two hundred ten dollars ($210), for injuries occurring on or after
January 1, 1984.
(3) When the final adjusted permanent disability rating of the
injured employee is 15 percent or greater, but not more than 24.75
percent: (A) not less than one hundred five dollars ($105), nor more
than two hundred twenty-two dollars ($222), for injuries occurring on
or after July 1, 1994; (B) not less than one hundred five dollars
($105), nor more than two hundred thirty-one dollars ($231), for
injuries occurring on or after July 1, 1995; (C) not less than one
hundred five dollars ($105), nor more than two hundred forty dollars
($240), for injuries occurring on or after July 1, 1996.
(4) When the final adjusted permanent disability rating of the
injured employee is 25 percent or greater, not less than one hundred
five dollars ($105), nor more than two hundred twenty-two dollars
($222), for injuries occurring on or after January 1, 1991.
(5) When the final adjusted permanent disability rating of the
injured employee is 25 percent or greater but not more than 69.75
percent: (A) not less than one hundred five dollars ($105), nor more
than two hundred thirty-seven dollars ($237), for injuries occurring
on or after July 1, 1994; (B) not less than one hundred five dollars
($105), nor more than two hundred forty-six dollars ($246), for
injuries occurring on or after July 1, 1995; and (C) not less than
one hundred five dollars ($105), nor more than two hundred fifty-five
dollars ($255), for injuries occurring on or after July 1, 1996.
(6) When the final adjusted permanent disability rating of the
injured employee is less than 70 percent: (A) not less than one
hundred fifty dollars ($150), nor more than two hundred seventy-seven
dollars and fifty cents ($277.50), for injuries occurring on or
after January 1, 2003; (B) not less than one hundred fifty-seven
dollars and fifty cents ($157.50), nor more than three hundred
dollars ($300), for injuries occurring on or after January 1, 2004;
(C) not less than one hundred fifty-seven dollars and fifty cents
($157.50), nor more than three hundred thirty dollars ($330), for
injuries occurring on or after January 1, 2005; and (D) not less than
one hundred ninety-five dollars ($195), nor more than three hundred
forty-five dollars ($345), for injuries occurring on or after January
1, 2006.
(7) When the final adjusted permanent disability rating of the
injured employee is 70 percent or greater, but less than 100 percent:
(A) not less than one hundred five dollars ($105), nor more than two
hundred fifty-two dollars ($252), for injuries occurring on or after
July 1, 1994; (B) not less than one hundred five dollars ($105), nor
more than two hundred ninety-seven dollars ($297), for injuries
occurring on or after July 1, 1995; (C) not less than one hundred
five dollars ($105), nor more than three hundred forty-five dollars
($345), for injuries occurring on or after July 1, 1996; (D) not less
than one hundred fifty dollars ($150), nor more than three hundred
forty-five dollars ($345), for injuries occurring on or after January
1, 2003; (E) not less than one hundred fifty-seven dollars and fifty
cents ($157.50), nor more than three hundred seventy-five dollars
($375), for injuries occurring on or after January 1, 2004; (F) not
less than one hundred fifty-seven dollars and fifty cents ($157.50),
nor more than four hundred five dollars ($405), for injuries
occurring on or after January 1, 2005; and (G) not less than one
hundred ninety-five dollars ($195), nor more than four hundred five
dollars ($405), for injuries occurring on or after January 1, 2006.
(c) Between the limits specified in subdivisions (a) and (b), the
average weekly earnings, except as provided in Sections 4456 to 4459,
shall be arrived at as follows:
(1) Where the employment is for 30 or more hours a week and for
five or more working days a week, the average weekly earnings shall
be the number of working days a week times the daily earnings at the
time of the injury.
(2) Where the employee is working for two or more employers at or
about the time of the injury, the average weekly earnings shall be
taken as the aggregate of these earnings from all employments
computed in terms of one week; but the earnings from employments
other than the employment in which the injury occurred shall not be
taken at a higher rate than the hourly rate paid at the time of the
injury.
(3) If the earnings are at an irregular rate, such as piecework,
or on a commission basis, or are specified to be by week, month, or
other period, then the average weekly earnings mentioned in
subdivision (a) shall be taken as the actual weekly earnings averaged
for this period of time, not exceeding one year, as may conveniently
be taken to determine an average weekly rate of pay.
(4) Where the employment is for less than 30 hours per week, or
where for any reason the foregoing methods of arriving at the average
weekly earnings cannot reasonably and fairly be applied, the average
weekly earnings shall be taken at 100 percent of the sum which
reasonably represents the average weekly earning capacity of the
injured employee at the time of his or her injury, due consideration
being given to his or her actual earnings from all sources and
employments.
(d) Every computation made pursuant to this section beginning
January 1, 1990, shall be made only with reference to temporary
disability or the permanent disability resulting from an original
injury sustained after January 1, 1990. However, all rights existing
under this section on January 1, 1990, shall be continued in force.
Except as provided in Section 4661.5, disability indemnity benefits
shall be calculated according to the limits in this section in effect
on the date of injury and shall remain in effect for the duration of
any disability resulting from the injury.
4453.5. Benefits payable on account of an injury shall not be
affected by a subsequent statutory change in amounts of indemnity
payable under this division, and shall be continued as authorized,
and in the amounts provided for, by the law in effect at the time the
injury giving rise to the right to such benefits occurred.
4454. In determining average weekly earnings within the limits
fixed in Section 4453, there shall be included overtime and the
market value of board, lodging, fuel, and other advantages received
by the injured employee as part of his remuneration, which can be
estimated in money, but such average weekly earnings shall not
include any sum which the employer pays to or for the injured
employee to cover any special expenses entailed on the employee by
the nature of his employment, nor shall there be included either the
cost or the market value of any savings, wage continuation, wage
replacement, or stock acquisition program or of any employee benefit
programs for which the employer pays or contributes to persons other
than the employee or his family.
4455. If the injured employee is under 18 years of age, and his or
her incapacity is permanent, his or her average weekly earnings shall
be deemed, within the limits fixed in Section 4453, to be the weekly
sum that under ordinary circumstances he or she would probably be
able to earn at the age of 18 years, in the occupation in which he or
she was employed at the time of the injury or in any occupation to
which he or she would reasonably have been promoted if he or she had
not been injured. If the probable earnings at the age of 18 years
cannot reasonably be determined, his or her average weekly earnings
shall be taken at the maximum limit established in Section 4453.
4456. Where any employee is injured while engaged on any
unemployment work relief program conducted by the State, or a
political subdivision, or any State or governmental agency, the
disability payments due under this division shall be determined
solely on the monthly earnings or anticipated earnings of such person
from such program, such payments to be within the minimum and
maximum limits set forth in section 4453.
4457. In the event the average weekly earnings of workmen
associating themselves under a partnership agreement, the principal
purpose of which is the performance of labor on a particular piece of
work, are not otherwise ascertainable, they shall be deemed to be
forty dollars ($40).
4458. If a member registered as an active firefighting member of
any regularly organized volunteer fire department as described in
Section 3361 suffers injury or death while in the performance of his
duty as fireman, or if a person engaged in fire suppression as
described in Section 3365 suffers injury or death while so engaged,
then, irrespective of his remuneration from this or other employment
or from both, his average weekly earnings for the purposes of
determining temporary disability indemnity and permanent disability
indemnity shall be taken at the maximum fixed for each, respectively,
in Section 4453. Four times his average annual earnings in
disability cases and in death cases shall be taken at the maximum
limits provided in Sections 4452 and 4702 respectively.
4458.2. If an active peace officer of any department as described
in Section 3362 suffers injury or death while in the performance of
his or her duties as a peace officer, or if a person engaged in the
performance of active law enforcement service as described in Section
3366 suffers injury or death while in the performance of that active
law enforcement service, or if a person registered as a reserve
peace officer of any regularly organized police or sheriff's
department as described in Section 3362.5 suffers injury or death
while in the performance of his or her duties as a peace officer,
then, irrespective of his or her remuneration from this or other
employment or from both, his or her average weekly earnings for the
purposes of determining temporary disability indemnity and permanent
disability indemnity shall be taken at the maximum fixed for each,
respectively, in Section 4453. Four times his or her average annual
earnings in disability cases and in death cases shall be taken at the
maximum limits provided in Sections 4452 and 4702 respectively.
4458.5. If a member suffers "an injury" following termination of
active service, and within the time prescribed in Section 3212,
3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, or 3213, then,
irrespective of his remuneration from any postactive service
employment, his average weekly earnings for the purposes of
determining temporary disability indemnity, permanent total
disability indemnity, and permanent partial disability indemnity,
shall be taken at the maximum fixed for each such disability,
respectively, in Section 4453.
4459. The fact that an employee has suffered a previous disability,
or received compensation therefor, does not preclude him from
compensation for a later injury, or his dependents from compensation
for death resulting therefrom, but in determining compensation for
the later injury, or death resulting therefrom, his average weekly
earnings shall be fixed at the sum which reasonably represents his
earning capacity at the time of the later injury.
