What about a payment made more than two years from DOI for a period of disability within the first two years?

What about a payment made more than two years from DOI for a period of disability within the first two years?

• A. The rate is determined by the law in effect on the date when the payment is actually made, rather than by the date of disability.
• B. The rate is determined by the law in effect on the date of disability.
• C. The rate is determined by the law in effect on the date of DOI.
• D. The rate is a fixed rate set by statute and does not depend on the date.

Answer: (B)

The amount of temporary disability benefits for a period that begins within the first two years is pegged to the law that was in effect on the date the disability started. Even if a payment is made more than two years after the date of injury, the rate used for that period should reflect the rate in effect at the time the disability began, not when the payment is issued or any later rules. This keeps the benefit aligned with the wage replacement standard that applied when the disability actually started, and avoids retroactive changes based on when payments are made. In other words, the date of disability onset determines the rate, rather than the date of injury, the payment date, or a fixed rate.

The amount of temporary disability benefits for a period that begins within the first two years is pegged to the law that was in effect on the date the disability started. Even if a payment is made more than two years after the date of injury, the rate used for that period should reflect the rate in effect at the time the disability began, not when the payment is issued or any later rules. This keeps the benefit aligned with the wage replacement standard that applied when the disability actually started, and avoids retroactive changes based on when payments are made.

In other words, the date of disability onset determines the rate, rather than the date of injury, the payment date, or a fixed rate.