As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] · CHAPTER 2. Compensation Schedules [4550 - 4856] · ARTICLE 3. Disability Payments [4650 - 4664]
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ17939202 · 2026-01-12 · Santa Rosa District Office§ 4653
Determinative passage · p.6"If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market."
Applied to determine temporary disability rate and average weekly earnings.
Official decision · page 6 → - ADJ10447246 · 2024-11-08 · Van Nuys District Office§ 4653
Determinative passage · p.11Here, EDD provided benefits from February 9, 2020 to September 4, 2021 (Defendant's Exhibit UU), which is after applicant's temporary disability dates of April 20, 2016 to October 2, 2017 and May 15, 2018 to August 29, 2019. We agree with the WCJ that applicant's EDD benefits were not paid for the same days of applicant's temporary disability and, therefore, there is no credit for payments made by EDD or for payments defendant made to satisfy EDD's lien. However, because temporary disability indemnity is taken at two-thirds of the average weekly earnings, we defer the issue of temporary disability pending resolution of the earnings issue. (§ 4653.)
Applied to defer temporary disability indemnity pending earnings resolution.
Official decision · page 11 → - ADJ11400252 · 2022-10-24 · Marina del Rey District Office§ 4653
Determinative passage · p.1Temporary disability indemnity is intended to replace wages lost on account of an industrial injury, the amount being "two-thirds of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market." (Lab. Code § 4653.) As the party seeking an award of temporary disability,
Applicant must prove extent of earning capacity after retirement to qualify for temporary disability benefits.
Official decision · page 1 → - ADJ10992726 · 2021-04-27 · Los Angeles District Office§ 4653
Determinative passage · p.4When an industrial injury causes an employee to be restricted from working, either totally or partially, the employee may be entitled to receive temporary disability indemnity. (Lab. Code § 4650, 4653, 4655 and 4656). The employer's obligation to pay temporary disability benefits is the result of the employee's inability to perform the tasks usually required by his or her employment, and the wage loss resulting therefrom. (Meeks Building Center v. Workers' Comp. Appeals Bd., (2012) 207 Cal.App.4th 219 [77 Cal.Comp.Cases 615].) It is well established that the burden of proof rests upon the party holding the affirmative of the issue. (Lab. Code, § 5705; Lantz
Applied to temporary disability issue.
Official decision · page 4 →
All 4 decisions naming § 4653 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 4653as what they implement.
- 8 CCR § 10110Notice of Intention to Issue a Notice of Compensation Due; Notice of Compensation Due; Review by Workers' Compensation Appeals Board.
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 4653
What is California Labor Code § 4653?
Labor Code § 4653 sits in ARTICLE 3. Disability Payments [4650 - 4664]. The statute on this page begins: If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4653 in this corpus?
This corpus has 4 released decisions whose extracted legal standards named § 4653. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.