California Labor Code § 4661

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.

• ADJ11229680 · 2025-10-13 · Van Nuys District Office§ 4661

  Determinative passage · p.6Further, section 4661 provides that "Where an injury causes both temporary and permanent disability, the injured employee is entitled to compensation for any permanent disability sustained by him in addition to any payment received by such injured employee for temporary disability." (Lab. Code, § 4661, emphasis added.)

  The Board applied this to reject credits for temporary disability payments against permanent disability indemnity.

  Official decision · page 6 →
• ADJ9599844 · 2022-12-29 · Bakersfield District Office§ 4661

  Determinative passage · p.3Finally, regarding the issue of whether the payment of the permanent total disability indemnity should commence as of April 21, 2017, the Appeals Board has held that:

  Applied to determine the retroactive commencement date for permanent disability indemnity payments.

  Official decision · page 3 →
• ADJ8566293 · 2022-09-28 · Van Nuys District Office§ 4661

  Determinative passage · p.8Construing sections 4650 and 4661 together, if a defendant paid permanent partial disability payments to an applicant who becomes permanently totally disabled, the defendant must retroactively adjust the permanent disability payments to the correct rate.... ... [U]pon an award of permanent disability, `the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee's disability became

  The Appeals Board applied Labor Code sections 4650 and 4661 to determine the retroactive commencement of permanent total disability indemnity payments.

  Official decision · page 8 →
• ADJ4250207 · 2022-09-14 · San Jose District Office§ 4661

  Determinative passage · p.3Regarding credit for temporary and permanent disability indemnity payments previously made, we also note that the Appeals Board has held that "[c]onstruing sections 4650 and 4661 together, if a defendant paid permanent partial disability payments to an applicant who becomes permanently totally disabled, the defendant must retroactively adjust the permanent disability payments to the correct rate." (Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550, 562 (Appeals Board en banc).) Upon an award of permanent disability, "the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee's disability became permanent and stationary, whichever is earlier." (Lab. Code, § 4650(b)(2); Brower, supra, at 561, fn. 9.)

  Defendant must retroactively adjust permanent disability payments if permanent partial disability payments were made and applicant becomes permanently totally disabled.

  Official decision · page 3 →