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APPENDIX A:
INFORMATION FOR ANNUAL ADJUSTMENTS
OF THE WEEKLY COMPENSATION RATE

The following tables contain information necessary to make cost of living adjustments. These tables contain the state average weekly wage (SAWW), maximum benefit amount (MAX), and the multiplier to be used to calculate cost of living adjustments. The tables are written for all years. It is necessary to know the employee's date of injury to select the appropriate table.

INJURIES PRIOR TO 1-1-72

Injuries prior to 1-1-72 do not receive adjustments.

The maximum benefit level for these injuries is equal to 2/3 of the SAWW in effect at the time of the injury.

*November 30, 1965 marks the beginning of the Statewide Average Weekly Wage (SAWW) as computed by the Employment Security Commission

INJURIES FROM 1-1-72 THROUGH 11-30-74

All injuries between 12-1-72 and 11-30-74 receive annual adjustments (using the multiplier) on July 1st.

The maximum benefit level for these injuries is equal to 2/3 of the SAWW, as adjusted annually.

The minimum benefit payable for total incapacity is $18.

INJURIES FROM 12-1-74 THROUGH 9-30-75

All injuries between 12-1-74 and 9-30-75 receive annual adjustments (using the multiplier) on July 1st.

The maximum benefit level for these injuries is equal to 100% of the SAWW, as adjusted annually.

The minimum benefit payable for total incapacity is $18.

INJURIES FROM 10-1-75 THROUGH 6-21-81

All injuries between 10-1-75 and 6-21-81 receive annual adjustments (using the multiplier) on July 1st.
(Max starts at  100% SAWW on 10-1-75.  Changes to 133 1/3% on July 1, 1977; changes to 166 2/3% on July 1, 1979; and changes to 200% on July 1, 1981.  Found in 1977 Act, Section 54 Min - $25)

INJURIES FROM 6-22-81 THROUGH 6-30-83

All injuries between 6-22-81 and 6-30-83 receive annual adjustments (using the multiplier) on July 1st.

The maximum benefit level for these injuries is equal to 166 2/3% of the SAWW, as adjusted annually.

The minimum benefit payable for total incapacity is $25.

INJURIES FROM 7-1-83 THROUGH 6-29-85

All injuries from 7-1-83 through 6-29-85 receive annual adjustments (using the multiplier) on the anniversary date of the injury, with the exception of those employees who are at maximum at the time of their injury. Employees at maximum at the time of their injury will receive adjustments annually on July 1st will be adjusted on July 1^st, using the multiplier.  The maximum benefit level for those injuries is equal to 166 2/3% of the SAWW,  as adjusted annually.

The minimum benefit payable for total incapacity is $25.

INJURIES FROM 6-30-85 THROUGH 11-19-87

All injuries* between 6-30-85 and 11-19-87 receive annual adjustments (based on the multiplier, capped at 5%) on the anniversary date of the injury, with the exception of those employees who are at maximum at the time of the injury will receive adjustments annually on July 1^st.

New maximums are effective August 1^st, beginning in 1988. If an employee is at maximum at the time of the injury, his/her comp rate (2/3 AWW, as adjusted) is adjusted on July 1^st, but is subject to the Maximum Benefit Level.

The minimum benefit payable for total incapacity is $25

Examples:

• Employee not at max at time of injury received COLA on anniversary date.
• Employee at max at time of injury receives COLA on July 1 and max changes on August 1.

*Death benefits to survivors for injuries between 6-30-85 and 11-19-87 are not subject to the 5% cap on annual adjustments. 

INJURIES FROM 11-20-87 THROUGH 12-31-92

All injuries* from 11-20-87 through 12-31-92, with the exception of those employees who are at maximum at the time of their injury, receive annual adjustments (capped at 5%) beginning on their third anniversary, while they are entitled to total benefits in accordance with §54-B (1987 Act). Those who are entitled to maximum at the time of their injury are not subject to the three year wait and will always have an anniversary date of July 1st.
The maximum for all injuries between 11-20-87 and 6-30-89 is frozen at $447.92 until 7-1-89. The minimum benefit payable for total incapacity is $25.
There is no provision in the Act for cost of living adjustments while an employee receives partial benefits in accordance with §55-B (1987 Act).
*Death benefits to survivors for injuries between 11-20-87 and 12-31-92 are not subject to the 5% cap or the three-year wait for annual adjustments.

INJURIES ON OR AFTER 1-1-93

Effective January 1, 1993 the maximum weekly benefit payable under §212, §213 and §214 is $441.00 or 90% of the SAWW whichever is higher. Beginning on July 1, 1994 the maximum benefit level is the higher of $441.00 or 90% of the SAWW as adjusted annually utilizing the SAWW as determined by the Bureau of Employment Security.
There is no provision in the Act for cost of living adjustments for injuries beginning on 1-1-93. There is no minimum payment amount.

Law Court Decision that says the new maximum rate applies regardless of date of injury - Dudley v Burns & Rowe Const/MEMIC.

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This page was last updated 5/27/09