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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 do not receive adjustments.

All injuries between 1-1-72 and 11-30-74 receive annual adjustments (using the multiplier) on July 1st.
(Max = 2/3 SAWW, Min - $18)

All injuries between 12-1-74 and 9-30-75 receive annual adjustments (using the multiplier) on July 1st.
(Max = 100% SAWW, Min - $18)

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)

All injuries between 6-22-81 and 6-30-83 receive annual adjustments (using the multiplier) on July 1st.
(Max = 166 2/3% SAWW, Min - $25)

All injuries (except maximums) between 7-1-83 and 6-29-85 receive annual adjustments using the multiplier on their own anniversaries.   Employees at maximum will be adjusted on July 1st.  (MAX = 166 2/3% SAWW,  
Min - $25)

All injuries between 6-30-85 and 11-19-87 will 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.   Employees at maximum at the time of the injury will be adjusted on July 1st. 

New maximums are effective August 1 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 1st, but is subject to the Maximum Benefit Level.
Min - $25. Max - 53A in '91 Act

Examples:

    Employee not at max at time of injury receives COLA on anniversary date.

    Employee at max at time of injury receives COLA on July 1 and max changes on August 1.

All injuries between 11-20-87 and 12-31-92 will receive annual adjustments (capped at 5%) beginning on their third anniversary.  Those who are entitled to maximum at the time of the 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.  Min - $25.  No cost of living adjustments for partial incapacity. (1991 Act, Section 55B) 

For injuries on or after 1-1-93:

Effective January 1, 1993 the maximum weekly benefit payable under Section 212, 213 or 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 0r 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.

The maximum for injuries occurring on or after January 1, 1993 is as follows:

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 6/30/08