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The temporary total disability (TTD) rate is going up again in California, as is the mileage rate paid for medical- and legal-related travel, the Division of Workers' Compensation (DWC) said in a notice issued on Wednesday. Also, the period during which injured workers are eligible for TTD benefits has been expanded from two years to five years, DWC said in reminding injured workers, employers, claims administrators, attorneys and others of changes to workers' compensation law that take effect Jan. 1. The medical mileage rate for medical and medical-legal travel expenses will increase to 50.5 cents per mile. The rate must be paid for travel on or after Jan. 1, regardless of the date of injury. State law and Department of Personnel Administration regulations establishes the rate payable for mileage reimbursement and ties it to the Internal Revenue Service (IRS) published mileage reimbursement rate, the notice said. The mileage rate for 2007 was 48.5 cents per mile, up from 44.5 cents per mile for the last six months of 2006, according to DWC. Meanwhile, the TTD rate for 2008 will increase to $916.33 per week on Jan. 1 -- the second year in a row the maximum TTD rate will be affected by a change in the state average weekly wage (SAWW). Beginning in 2006, Labor Code section 4454(a)(10) required the rate for TTD be increased by an amount equal to the percentage increase in the SAWW as compared to the prior year. The California SAWW for the 12 months ending March 31 was $914.60. For the period ending March 31, 2006, this figure was $880, an increase of 3.932%. Applying the increase to the prior year's maximum benefit of $881.66 brings the 2008 maximum benefit to $916.33. Applying the increase to the minimum benefit brings it from $132.25 to $137.45. A bill signed this year by Gov. Schwarzenegger increased the window of time during which temporarily disabled employees are eligible to receive TTD benefits. Reforms passed in 2004 made changes to the Labor Code that limited TTD payments to 104 weeks within a two-year period for a single injury occurring on or after April 19, 2004, except under certain limited conditions. The two years of eligibility were counted from the date of the first payment of temporary disability. Beginning Jan. 1, employees injured on or after that date will be eligible to receive the 104 weeks of disability payments within a five-year period. The five-year period is counted from the date of injury.
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