Labor Code 4654 TD Minimum and Maximum Rates

What the Rule Does

Temporary disability is wage replacement. It is paid when a work injury keeps the worker from doing regular work during the healing period.

Rate limits can affect the weekly amount. A worker may receive less than expected if the carrier used the wrong wage record. A worker may also receive less if the law sets a cap for the period involved.

The issue is not only the number on the check. The worker needs to know the wage figure, the disability dates, and the reason for the rate.

What to Check

Start with the doctor note. It should show whether the worker was fully off work or had partial limits.

Next, check the wage record. Save gross wages, overtime, schedules, and any second-job earnings. If hours changed before the injury, save more than one pay period.

Then check the notice. The notice should explain the weekly rate and the period paid. If the notice is unclear, ask for the calculation.

Records That Help

Save pay stubs, time sheets, schedules, work-status notes, and every payment notice. Keep a copy of each check stub if one is provided.

Make a payment log. List the period paid, the amount, and the date the check arrived. Mark missing weeks. Mark short checks.

Ask for the calculation in writing. A written rate explanation is easier to compare with wage records than a phone summary.

Questions to Ask

Ask what wage period was used. Ask whether overtime or other earnings were included. Ask what doctor note supports the payment period.

If a check stops, ask for the stop reason in writing. The answer may involve a doctor note, a cap, a return-to-work offer, or a dispute about the injury.

Bring the wage file and payment log to any consultation. Those records help show the problem quickly.

Common Problems

Common problems include missing overtime, wrong average wage, late checks, and confusion between partial and total disability.

Small weekly errors can add up. A simple log helps show the shortage.

When the Record Is Incomplete

Sometimes the worker does not have every check stub or every doctor note. Start with what is available. Then ask the claims administrator for the missing payment history.

If the employer has the wage records, ask for copies. If the worker has direct deposit, bank entries can help show when payments arrived, but they do not replace the carrier's calculation.

Do not mix regular wages with disability checks. Keep them in separate lists. Regular wages show what the worker earned before or during modified duty. Disability checks show what the claim paid.

If the worker returned to modified duty, save the offer, schedule, and pay records. A return to work can change the disability analysis.

If the worker later went back off work, save the new doctor note. A new work-status period should be tied to a medical record.

The goal is a clean timeline. A clean timeline helps show whether the dispute is about wages, dates, the cap, or the medical work status.

What a Lawyer Checks

A lawyer checks the wage base, the doctor notes, the payment periods, and the carrier's written explanation. The review also looks for missing weeks, wrong dates, and notices that do not match the checks.

If the math is wrong, the next step may be a request for correction, a benefit printout, or a WCAB filing. The right step depends on the records.

Bring every wage document you have.

Small rate errors can grow when checks continue for many weeks.