As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] · CHAPTER 2. Compensation Schedules [4550 - 4856] · ARTICLE 3. Disability Payments [4650 - 4664]
(a) For injuries occurring prior to January 1, 1992, if the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed, according to paragraph (1). However, in no event shall the disability payment allowed be less than the disability payment computed according to paragraph (2). (1) Column 1—Range of percentage of permanent disability incurred: Column 2—Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: Under 10 ........................ 3 10–19.75 ........................ 4 20–29.75 ........................ 5 30–49.75 ........................ 6 50–69.75 ........................ 7 70–99.75 ........................ 8 The number of weeks for which payments shall be allowed set forth in column 2 above based upon the percentage of permanent disability set forth in column 1 above shall be cumulative, and the number of benefit weeks shall increase with the severity of the disability. The following schedule is illustrative of the computation of the number of benefit weeks: Column 1— Percentage of permanent disability incurred: Column 2— Cumulative number of benefit weeks: 5 ........................ 15.00 10 ........................ 30.25 15 ........................ 50.25 20 ........................ 70.50 25 ........................ 95.50 30 ........................ 120.75 35 ........................ 150.75 40 ........................ 180.75 45 ........................ 210.75 50 ........................ 241.00 55 ........................ 276.00 60 ........................ 311.00 65 ........................ 346.00 70 ........................ 381.25 75 ........................ 421.25 80 ........................ 461.25 85 ........................ 501.25 90 ........................ 541.25 95 ........................ 581.25 100 ........................ for life (2) Two-thirds of the average weekly earnings for four weeks for each 1 percent of disability, where, for the purposes of this subdivision, the average weekly earnings shall be taken at not more than seventy-eight dollars and seventy-five cents ($78.75). (b) This subdivision shall apply to injuries occurring on or after January 1, 1992. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed, according to paragraph (1). However, in no event shall the disability payment allowed be less than the disability payment computed according to paragraph (2). (1) Column 1—Range of percentage of permanent disability incurred: Column 2—Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: Under 10 ........................ 3 10–19.75 ........................ 4 20–24.75 ........................ 5 25–29.75 ........................ 6 30–49.75 ........................ 7 50–69.75 ........................ 8 70–99.75 ........................ 9 The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a). (2) Two-thirds of the average weekly earnings for four weeks for each 1 percent of disability, where, for the purposes of this subdivision, the average weekly earnings shall be taken at not more than seventy-eight dollars and seventy-five cents ($78.75). (c) This subdivision shall apply to injuries occurring on or after January 1, 2004. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed as follows: Column 1—Range of percentage of permanent disability incurred: Column 2—Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: Under 10 ........................ 4 10–19.75 ........................ 5 20–24.75 ........................ 5 25–29.75 ........................ 6 30–49.75 ........................ 7 50–69.75 ........................ 8 70–99.75 ........................ 9 The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a). (d) (1) This subdivision shall apply to injuries occurring on or after January 1, 2005, and as additionally provided in paragraph (4). If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the basic disability payment computed as follows: Column 1—Range of percentage of permanent disability incurred: Column 2—Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: 0.25–9.75 ........................ 3 10–14.75 ........................ 4 15–24.75 ........................ 5 25–29.75 ........................ 6 30–49.75 ........................ 7 50–69.75 ........................ 8 70–99.75 ........................ 16 The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a). (2) If, within 60 days of a disability becoming permanent and stationary, an employer does not offer the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, each disability payment remaining to be paid to the injured employee from the date of the end of the 60-day period shall be paid in accordance with paragraph (1) and increased by 15 percent. This paragraph shall not apply to an employer that employs fewer than 50 employees. (3) (A) If, within 60 days of a disability becoming permanent and stationary, an employer offers the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, and regardless of whether the injured employee accepts or rejects the offer, each disability payment remaining to be paid to the injured employee from the date the offer was made shall be paid in accordance with paragraph (1) and decreased by 15 percent. (B) If the regular work, modified work, or alternative work is terminated by the employer before the end of the period for which disability payments are due the injured employee, the amount of each of the remaining disability payments shall be paid in accordance with paragraph (1) and increased by 15 percent. An employee who voluntarily terminates employment shall not be eligible for payment under this subparagraph. This paragraph shall not apply to an employer that employs fewer than 50 employees. (4) For compensable claims arising before April 30, 2004, the schedule provided in this subdivision shall not apply to the determination of permanent disabilities when there has been either a comprehensive medical-legal report or a report by a treating physician, indicating the existence of permanent disability, or when the employer is required to provide the notice required by Section 4061 to the injured worker. (e) This subdivision shall apply to injuries occurring on or after January 1, 2013. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed as follows: Column 1—Range of percentage of permanent disability incurred: Column 2—Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: 0.25–9.75 ........................ 3 10–14.75 ........................ 4 15–24.75 ........................ 5 25–29.75 ........................ 6 30–49.75 ........................ 7 50–69.75 ........................ 8 70–99.75 ........................ 16 (1) The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a). (2) If the permanent disability directly caused by the industrial injury is total, payment shall be made as provided in Section 4659.
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ9085187 · 2025-05-29 · Santa Ana District Office§ 4658
Determinative passage · p.10Defendant also contends that the WCJ awarded permanent disability indemnity at an incorrect rate. (Petition, at p. 7:26.) Defendant avers "[t]he date of injury in this case should be 1969 and as such, the [p]ermanent impairment shall be awarded pursuant to the law in effect in 1969." (Id. at p. 8:4.) We note, however, that the section 5412 date of injury "sets the date for the measurement of compensation payable, and all other incidents of the [worker's] right." (Steele, supra, 219 Cal.App.3d at p. 1270.) Here, the date of injury of February 13, 2015 entitles applicant to permanent disability rates commensurate with the indemnity rates in effect at that time. (Finding of Fact No. 5; see also Lab. Code § 4658.) We will affirm the WCJ's findings with respect to the applicable indemnity rates, accordingly.
Applied to set indemnity rates based on date of injury.
Official decision · page 10 → - ADJ9017624 · 2024-12-04 · Anaheim District Office§ 4658
Determinative passage · p.5Notwithstanding the parties' repeated references to how payments were to be calculated, we are persuaded that the Legislature's use of the word "weeks" in both sections 4658 and 4659 to mark the inception of a life pension, is controlling. This means that applicant is entitled to his life pension after expiration of the time during which the number of weeks of permanent partial disability otherwise would have been payable absent commutation. We therefore conclude that in the Joint Finding and Order of November 13, 2020, the WCJ correctly found that applicant's "life pension shall not be accelerated by the commutation of permanent disability nor the lump sum payment of permanent disability."
The Board applied these statutes and case law to conclude that commutation of permanent disability indemnity does not accelerate the start of life pension payments, affirming the WCJ's original decision.
Official decision · page 5 → - ADJ3120504 · 2024-10-07 · Pomona District Office§ 4658
Determinative passage · p.4II. Turning to the merits of the Petition, current section 4658(d)(2), which applies to injury dates from January 1, 2005 to December 31, 2012, provides that:
The Board found that since no permanent disability benefits remained unpaid within 60 days of the P&S date, no increase applies, but since no return-to-work offer was made, no decrease applies either.
Official decision · page 4 → - ADJ10913893 · 2024-06-27 · Santa Barbara District Office§ 4658
Determinative passage · p.5Section 4658(d)(2) states in relevant part: "If, within 60 days of a disability becoming permanent and stationary, an employer does not offer the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, each disability payment remaining to be paid to the injured employee from the date of the end of the 60-day period shall be paid in accordance with paragraph (1) and increased by 15 percent. [...]" (Italics added.)
Applied to increase permanent disability award due to employer's failure to offer work.
Official decision · page 5 → - ADJ7810002 · 2024-06-07 · Los Angeles District Office§ 4658
Determinative passage · p.9In summary, and with respect to Applicant's Petition, we agree with the WCJ that applicant has not met his burden of rebutting the scheduled rating. We further agree that development of the record with respect to additional injured body parts/systems is not warranted on the current record. With respect to the Defendant's Petition, we are persuaded that the reporting physicians reasonably described why they were unable to parcel out the percentages of permanent disability otherwise attributable to each of the claimed injuries, thus justifying the issuance of a joint award. However, we are persuaded that with respect to the award of a statutory increase of section 4658(d), the WCJ misapplied the burden of proof, and that due process requires that we return the matter to the trial level for development of the record and decision solely on the issue of the applicability, if any, of section 4658(d) to applicant's weekly permanent disability rate.
Issue deferred for further development due to misapplication of burden of proof by WCJ.
Official decision · page 9 → - ADJ7054381 · 2022-08-30 · Sacramento District Office§ 4658
Determinative passage · p.5An injured employee is entitled to an increase in permanent disability by 15% after the first 60 days, if the injury causes permanent disability and the employer fails to make an offer of regular, modified, or alternative work, and the employer has at least 50 employees. Labor Code section 4658(d).
Applied to determine entitlement to permanent disability adjustment.
Official decision · page 5 → - ADJ6428257 · 2022-01-06 · San Bernardino District Office§ 4658
Determinative passage · p.3If, within 60 days of a disability becoming permanent and stationary, an employer does not offer the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, each disability payment remaining to be paid to the injured employee from the date of the end of the 60-day period shall be paid in accordance with paragraph (1) and increased by 15 percent. This paragraph shall not apply to an employer that employs fewer than 50 employees. (§ 4658(d)(2).)
The WCAB considered the statutory increase eligibility requirements and returned the matter to the trial level to develop the record on employer size.
Official decision · page 3 →
All 7 decisions naming § 4658 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 4658as what they implement.
- 8 CCR § 10110Notice of Intention to Issue a Notice of Compensation Due; Notice of Compensation Due; Review by Workers' Compensation Appeals Board.
- 8 CCR § 10116Applicability of Article.
- 8 CCR § 10117Offer of Work; Adjustment of Permanent Disability Payments.
- 8 CCR § 10118Notice of Offer for Work.
- 8 CCR § 10133.34Offer of Work for Injuries Occurring on or After January 1, 2013.
- 8 CCR § 10133.35[DWC-AD 10133.35 “Notice of Offer of Regular, Modified, or Alternative Work For injuries occurring on or after 1/1/13.”]
- 8 CCR § 10133.53Form DWC-AD 10133.53 “Notice of Offer of Modified or Alternative Work."
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 4658
What is California Labor Code § 4658?
Labor Code § 4658 sits in ARTICLE 3. Disability Payments [4650 - 4664]. The statute on this page begins: (a) For injuries occurring prior to January 1, 1992, if the injury causes permanent disability, the percentage of disability to total. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4658 in this corpus?
This corpus has 7 released decisions whose extracted legal standards named § 4658. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.