Workers’ Compensation · Primary-source case analysis

Brower: Permanent-Disability Payments After the Temporary-Disability Cap

By Aneeta Mishra and Timothy Chan

Published April 16, 2026

Decision: Brower v. David Jones Constr., No. ADJ802221 (WCAB May 21, 2014) (en banc).

Brower addresses the payment gap that can arise when the statutory limit on temporary disability arrives before the worker’s permanent disability can be finally rated.

A four-year gap in indemnity

Warren Brower sustained admitted injuries to his low back, psyche, and right knee. Temporary-disability indemnity ended after the statutory 104-week period, but he did not become permanent and stationary until nearly four years later. The judge found him permanently and totally disabled and began permanent-total payments only at permanent-and-stationary status.

Estimated permanent-disability advances must begin

The WCAB held that when temporary-disability payments stop under section 4656(c) before permanent-and-stationary status, the employer must begin permanent-disability payments based on a reasonable estimate of the ultimate permanent disability. Uncertainty about the final rating does not permit an indemnity vacuum.

Retroactive permanent-total benefits and COLAs

If a worker receiving estimated permanent-partial payments is later found permanently and totally disabled, permanent-total indemnity is owed retroactively from the date the obligation to pay permanent-disability advances began. Cost-of-living adjustments begin on the first January 1 after entitlement to permanent-disability indemnity arose.

Disposition and credit

The WCAB modified the award to reflect the earlier commencement of permanent-total disability and the corresponding COLA rule, while allowing credit for payments already made. It also affirmed the permanent-total finding and the medical-legal expense award.

Key takeaways

• Expiration of temporary-disability entitlement does not automatically permit payments to stop.
• Estimated permanent-disability advances begin before final rating when section 4650 applies.
• A later permanent-total finding can require retroactive adjustment.
• COLA timing follows the date of entitlement, not merely the later adjudication date.

Discussed in: When California Temporary Disability Payments Stop: Reading the Notice and Building the Record; What California Workers’ Compensation Benefits Can I Receive, and How Long Do They Last?; Fired While on Work Restrictions: When Can Temporary Disability Continue in California?.