How long, and from what
- 14 calendar daysFirst temporary disability paymentfrom employer knows of the injury and the disability · Lab. Code § 4650(a)
- 14 calendar daysFirst permanent disability paymentfrom last temporary disability payment · Lab. Code § 4650(b)(1)
- 90 calendar daysEmployer pays a self-imposed 10 percent penaltyfrom employer discovers the delayed or refused payment · Lab. Code § 5814(b)
- 2 yearsClaim a penalty for unreasonable delayfrom date the payment was due · Lab. Code § 5814(g)
Lab. Code § 4650(a): 14 calendar days from employer knows of the injury and the disability. Who acts: the employer.
Enter the date.
What the statute says
Lab. Code § 4650(a)
“the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability”
Lab. Code § 4650(b)(1)
“the first payment shall be made within 14 days after the date of last payment of temporary disability indemnity”
Lab. Code § 5814(b)
“within 90 days of the date of the discovery, may pay a self-imposed penalty in the amount of 10 percent of the amount of the payment unreasonably delayed or refused”
Lab. Code § 5814(g)
“no action may be brought to recover penalties that may be awarded under this section more than two years from the date the payment of compensation was due”
Full text of Labor Code § 4650
(a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied. (b) (1) If the injury causes permanent disability, the first payment shall be made within 14 days after the date of last payment of temporary disability indemnity, except as provided in paragraph (2). When the last payment of temporary disability indemnity has been made pursuant to subdivision (c) of Section 4656, and regardless of whether the extent of permanent disability can be determined at that date, the employer nevertheless shall commence the timely payment required by this subdivision and shall continue to make these payments until the employer’s reasonable estimate of permanent disability indemnity due has been paid, and if the amount of permanent disability indemnity due has been determined, until that amount has been paid. (2) Prior to an award of permanent disability indemnity, a permanent disability indemnity payment shall not be required if the employer has offered the employee a position that pays at least 85 percent of the wages and compensation paid to the employee at the time of injury or if the employee is employed in a position that pays at least 100 percent of the wages and compensation paid to the employee at the time of injury, provided that when an award of permanent disability indemnity is made, the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee’s disability became permanent and stationary, whichever is earlier. (c) Payment of temporary or permanent disability indemnity subsequent to the first payment shall be made as due every two weeks on the day designated with the first payment. (d) If any indemnity payment is not made timely as required by this section, the amount of the late payment shall be increased 10 percent and shall be paid, without application, to the employee, unless the employer continues the employee’s wages under a salary continuation plan, as defined in subdivision (g). No increase shall apply to any payment due prior to or within 14 days after the date the claim form was submitted to the employer under Section 5401. No increase shall apply when, within the 14-day period specified under subdivision (a), the employer is unable to determine whether temporary disability indemnity payments are owed and advises the employee, in the manner prescribed in rules and regulations adopted pursuant to Section 138.4, why payments cannot be made within the 14-day period, what additional information is required to make the decision whether temporary disability indemnity payments are owed, and when the employer expects to have the information required to make the decision. (e) If the employer is insured for its obligation to provide compensation, the employer shall be obligated to reimburse the insurer for the amount of increase in indemnity payments, made pursuant to subdivision (d), if the late payment which gives rise to the increase in indemnity payments, is due less than seven days after the insurer receives the completed claim form from the employer. Except as specified in this subdivision, an employer shall not be obligated to reimburse an insurer nor shall an insurer be permitted to seek reimbursement, directly or indirectly, for the amount of increase in indemnity payments specified in this section. (f) If an employer is obligated under subdivision (e) to reimburse the insurer for the amount of increase in indemnity payments, the insurer shall notify the employer in writing, within 30 days of the payment, that the employer is obligated to reimburse the insurer and shall bill and collect the amount of the payment no later than at final audit. However, the insurer shall not be obligated to collect, and the employer shall not be obligated to reimburse, amounts paid pursuant to subdivision (d) unless the aggregate total paid in a policy year exceeds one hundred dollars ($100). The employer shall have 60 days, following notice of the obligation to reimburse, to appeal the decision of the insurer to the Department of Insurance. The notice of the obligation to reimburse shall specify that the employer has the right to appeal the decision of the insurer as provided in this subdivision. (g) For purposes of this section, “salary continuation plan” means a plan that meets both of the following requirements: (1) The plan is paid for by the employer pursuant to statute, collective bargaining agreement, memorandum of understanding, or established employer policy. (2) The plan provides the employee on his or her regular payday with salary not less than the employee is entitled to receive pursuant to statute, collective bargaining agreement, memorandum of understanding, or established employer policy and not less than the employee would otherwise receive in indemnity payments.
§ 4650 on SimilarCase →Official text · leginfo.legislature.ca.gov →
Full text of Labor Code § 5814
(a) When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased up to 25 percent or up to ten thousand dollars ($10,000), whichever is less. In any proceeding under this section, the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties. (b) If a potential violation of this section is discovered by the employer prior to an employee claiming a penalty under this section, the employer, within 90 days of the date of the discovery, may pay a self-imposed penalty in the amount of 10 percent of the amount of the payment unreasonably delayed or refused, along with the amount of the payment delayed or refused. This self-imposed penalty shall be in lieu of the penalty in subdivision (a). (c) Upon the approval of a compromise and release, findings and awards, or stipulations and orders by the appeals board, it shall be conclusively presumed that any accrued claims for penalty have been resolved, regardless of whether a petition for penalty has been filed, unless the claim for penalty is expressly excluded by the terms of the order or award. Upon the submission of any issue for determination at a regular trial hearing, it shall be conclusively presumed that any accrued claim for penalty in connection with the benefit at issue has been resolved, regardless of whether a petition for penalty has been filed, unless the issue of penalty is also submitted or is expressly excluded in the statement of issues being submitted. (d) The payment of any increased award pursuant to subdivision (a) shall be reduced by any amount paid under subdivision (d) of Section 4650 on the same unreasonably delayed or refused benefit payment. (e) No unreasonable delay in the provision of medical treatment shall be found when the treatment has been authorized by the employer in a timely manner and the only dispute concerns payment of a billing submitted by a physician or medical provider as provided in Section 4603.2. (f) Nothing in this section shall be construed to create a civil cause of action. (g) Notwithstanding any other provision of law, no action may be brought to recover penalties that may be awarded under this section more than two years from the date the payment of compensation was due. (h) This section shall apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of this section. (i) This section shall become operative on June 1, 2004.
§ 5814 on SimilarCase →Official text · leginfo.legislature.ca.gov →
How the days are counted
8 CCR § 10600(a)
“is computed by excluding the first day and including the last”
None of these deadlines is a WCAB filing, so the calculator keeps a last day that falls on a weekend and says so.
When it passes — and when it moves
The § 5814 penalty is reduced by any 10 percent already paid under § 4650(d) on the same payment, and approval of a settlement, award or stipulation closes accrued penalty claims it does not expressly exclude (§ 5814(c)–(d)).
No 10 percent increase applies to a payment due within 14 days of the claim form being submitted, or when the employer explains in time why it cannot yet decide (§ 4650(d)). Whether a delay was unreasonable under § 5814 is decided case by case.
What the Appeals Board said about this deadline
Newest released decisions whose stated standard names § 4650 or § 5814, each with the passage it turned on and the official PDF. Litigated tail, not a count of how often the deadline is missed.
- ADJ19087467 · 2026-08-17 · Santa Ana District Office§ 4650
Determinative passage · p.5Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on June 16, 2026. II. We highlight the following legal principles that may be relevant to our review of this matter: Temporary disability indemnity is a workers’ compensation benefit that is paid while an injured worker is unable to work because of a work-related injury and is primarily intended to substitute for lost wages. (Gonzales v. Workers’ Comp. Appeals Board (1998) 68 Cal.App.4th 843 [63 Cal.Comp.Cases 1477]; J. T. Thorp, Inc. v. Workers’ Comp. Appeals Bd. (Butler) (1984) 153 Cal.App.3d 327, 333 [49 Cal.Comp.Cases 224].) The purpose of temporary disability indemnity is to provide a steady source of income during the time the injured worker is not at work. (Gonzales, supra, at p. 1478.) Generally, a defendant’s liability for temporary disability payments ceases when the employee returns to work, is deemed medically able to return to work, or becomes permanent and stationary. (Lab. Code, §§ 4650-4657; Huston v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 856, 868 [44 Cal.Comp.Cases 798]; Bethlehem Steel Co. v. I.A.C. (Lemons) (1942) 54 Cal.App.2d 585, 586-587 [7 Cal.Comp.Cases 250]; Western Growers Ins. Co. v. Workers’ Comp. Appeals Bd.
The record is not properly developed on whether applicant was temporarily partially disabled during periods when temporary total disability benefits were paid, requiring further study.
Official decision · page 5 → - ADJ18573103 · 2026-08-17 · Oakland District Office§ 5814
Determinative passage · p.10(Lab. Code, § 5814(a).) As we stated in our en banc opinion in Ramirez v. Drive Financial Services (2008) 73 Cal.Comp.Cases 1324, 1331 (Appeals Bd. en banc), “[S]ection 5814(a) … provides that a penalty is payable only ‘[w]hen payment of compensation has been unreasonably delayed or refused.’ (Emphasis added.) A delay or a refusal to pay is not ‘unreasonable’ if the defendant had ‘genuine doubt from a medical or legal standpoint as to [its] liability.’ (Kerley v. Workers’ Comp. Appeals Bd. (1971) 4 Cal.3d 223, 230 [36 Cal.Comp.Cases 152].)” While defendant did delay payment of TTD after January 9, 2026, the delay was not unreasonable as it was based on the conclusions by the AMEs in this case that applicant had become permanent and stationary. AME Dr. Woodcox stated that applicant became permanent and stationary on December 16, 2024, in his Initial Comprehensive Agreed Medical Evaluation of January 15, 2025, and confirmed that it was “more than likely” applicant reached maximum medical improvement MMI in his reevaluation report of January 8, 2026. (Jt. Ex. 101, p. 22; Jt. Ex. 102, p. 30.) AME Dr.
The WCAB found the delay in payment after January 9, 2026, was not unreasonable due to reliance on AME opinions, so the 25% penalty was rescinded but a 10% increase under section 4650(d) was awarded.
Official decision · page 10 → - ADJ20337002 · 2026-07-21 · Sacramento District Office§ 4650
Determinative passage · p.7The Workers’ Compensation Act provides for temporary and permanent disability indemnity. (Lab. Code, § 4650 et seq.) Temporary disability indemnity is intended primarily to substitute for the worker’s lost wages, in order to maintain a steady stream of income. (Chavira v. Workers’ Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631].) Unlike permanent disability, which compensates an injured employee for diminished future earning capacity or decreased ability to compete in the open labor market, temporary disability is intended as a substitute for lost wages during a period of transitory incapacity to work. (Livitsanos v. Superior Court (1992) 2 Cal.4th 744, 753; see also Signature Fruit Co. v. Workers’ Comp. Appeals Bd. (Ochoa) (2006) 142 Cal.App.4th 790, 795 [71 Cal.Comp.Cases 1044].) Temporary total disability occurs when an employee is unable to earn any income during the period of recovery. (Herrera v. Workers’ Comp. Appeals Bd.
The Board applied these standards to determine entitlement to temporary total disability benefits.
Official decision · page 7 → - ADJ13667342 · 2026-07-06 · Santa Ana District Office§ 4650
Determinative passage · p.9II. The Workers’ Compensation Act provides for temporary and permanent disability indemnity. (Lab. Code, § 4650 et seq.) We first address the findings and award regarding temporary disability indemnity. Temporary disability indemnity is intended primarily to substitute for the worker’s lost wages, in order to maintain steady stream of income. (Chavira v. Workers’ Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631].) The calculation of an award of temporary disability requires (1) a determination of the employee’s average weekly earnings (which may be based on various calculations, including actual earnings or on earnings capacity), (2) the application of the minimum and maximum disability rates, and (3) a determination of the period the employee was temporarily totally disabled. Section 4453, subdivision (c), provides four methods to calculate average weekly earnings. (Lab. Code, § 4453(c)(1)-(4).) As relevant here, section 4453(c) provides: (1) Where the employment is for 30 or more hours a week and for five or more working days a week, the average weekly earnings shall be the number of working days a week times the daily earnings at the time of the injury.
Applied to temporary disability indemnity issue.
Official decision · page 9 → - ADJ21050654 · 2026-06-15 · Van Nuys District Office§ 4650
Determinative passage · p.4An offer of regular, modified, or alternative work must be bona fide in order for the
The defendant failed to establish that a bona fide offer of modified work was made or that modified work was actually available to the applicant within his restrictions, thus remains liable for temporary disability benefits.
Official decision · page 4 → - ADJ19532643 · 2026-05-18 · Marina del Rey District Office§ 4650
Determinative passage · p.5The Workers' Compensation Act provides for temporary and permanent disability indemnity. (Lab. Code, § 4650 et seq.) Temporary disability indemnity is intended primarily to substitute for the worker's lost wages, in order to maintain a steady stream of income. (Chavira v. Workers' Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631].) Unlike permanent disability, which compensates an injured employee for diminished future earning capacity or decreased ability to compete in the open labor market, temporary disability is intended as a substitute for lost wages during a period of transitory incapacity to work. (Livitsanos v. Superior Court (1992) 2 Cal.4th 744, 753; see also Signature Fruit Co. v. Workers' Comp. Appeals Bd. (Ochoa) (2006) 142 Cal.App.4th 790, 795 [71 Cal.Comp.Cases 1044].)
The WCJ applied this standard to find applicant's willingness to work post-retirement, supporting temporary disability benefits.
Official decision · page 5 → - ADJ20709426 · 2026-04-20 · Bakersfield District Office§ 4650
Determinative passage · p.5Temporary disability indemnity is a workers' compensation benefit that is paid while an injured worker is unable to work because of a work-related injury and is primarily intended to substitute for lost wages. (Gonzales v. Workers' Comp. Appeals Board (1998) 68 Cal.App.4th 843 [63 Cal.Comp.Cases 1477]; J. T. Thorp, Inc. v. Workers' Comp. Appeals Bd. (Butler) (1984) 153 Cal.App.3d 327, 333 [49 Cal.Comp.Cases 224].)
Applied to determine entitlement to temporary disability benefits and employer's burden to offer modified work.
Official decision · page 5 → - ADJ11247295 · 2026-03-04 · Santa Ana District Office§ 4650
Determinative passage · p.4injury until the worker has recovered sufficiently to return to work, or until his/her condition reaches a permanent and stationary status." (Huston, supra, 95 Cal.App.3d at p. 806, emphasis added.) "'Permanent and stationary status' is the point when the employee has reached maximal medical improvement, meaning his or her condition is well stabilized, and unlikely to change substantially in the next year with or without medical treatment." (Cal. Code Regs., tit. 8, § 9785 (a)(8); see also Cal. Code Regs., tit. 8, § 9811(k).)
Applicant would only receive temporary disability if not permanent and stationary; thus, if further evidence is needed, P&S status cannot be found yet.
Official decision · page 4 →
All 43 decisions on § 4650 →All 40 decisions on § 5814 →
Forms and where to file
Official forms reprinted from DWC, by number
Also on this
Questions about this deadline
When is the first temporary disability payment due in California?
Not later than 14 days after the employer knows of the injury and the disability, unless liability is denied first (§ 4650(a)). Later payments are due every two weeks on the day set by the first one (§ 4650(c)).
What is the penalty for a late workers’ comp payment?
Two different things. A payment that is simply late is increased 10 percent, paid without application (§ 4650(d)). A payment unreasonably delayed or refused can be increased up to 25 percent or $10,000, whichever is less, by the Appeals Board (§ 5814(a)).
How long is there to claim the § 5814 penalty?
No action to recover the penalty may be brought more than two years from the date the payment was due (§ 5814(g)).