Injured workers who are permanently disabled those who have a permanent labor market handicap are entitled to receive permanent disability benefits. While employed by County on November 7, 1971 Crowe sustained injury arising out of and occurring in the course of employment to both his hips and lower extremities. at p. Our Los Angeles offices are located in downtown Los Angeles and Sherman Oaks. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We also provide meeting space for workers compensation clients in Hollywood and . (Childs) (1970) 8 Cal.App.3d 978 [35 Cal.Comp.Cases 295]; Parsons v. Workers Comp. What if I am worried that the employee is not able to safely handle the normal duties after an injury? Under Labor Code 132a an employer must pay penalties if they retaliated against you for filing a workers compensation case, seeking medical treatment, asking for medical treatment due to a work injury, or exercising any of your workers compensation rights. (County of Los Angeles v. Workmen's Comp. Civ . Workers' Compensation Appeals Board (WCAB) The Workers' Compensation Appeals Board (WCAB) exercises all judicial powers vested by the Labor Code in a reasonable and sound manner and provides guidance and leadership to the workers' compensation community through case opinions and regulations. The Permanent Disability Rating Schedule specifies standard percentage ratings for permanent impairments and limitations, and provides for the modification of these standard ratings based on the injured workers age, occupation, and considers the employees diminished future earning capacity. The maintenance allowance payable to an injured worker while in rehabilitation is, like temporary disability benefits, designed to replace two-thirds of lost earnings, but the maximum weekly amount is lower $246 per week. * Increased thereafter by the percentage increase in the State Average Weekly Wage [LC 4453 (a) (10)]. The workers compensation system is premised on a trade-off between employees and employers. Hire a competent workers compensation lawyer to help you through your work injury. No. California Workers' Compensation Telephone Directory Division of Workers Compensation: 800-794-6900 DWC - San Francisco (Headquarters): 415-703-5011 DWC - Bakersfield: 661-395-2723 DWC - El Centro: 760-353-0607 DWC - Long Beach: 562-590-5001 Mail Address P.O. This raises equal protection considerations, especially in circumstances when the court has the discretion to punish some crimes by imprisonment in state prison or county jail. Wrk. )At the time of injury, Labor Code section 4659 provided:The payment for permanent disabilities intermediate to those fixed by the forgoing schedule shall be computed and allowed as follows:(a) Sixty-five percent of the average weekly earnings for four weeks for each 1 percent of disability.(b) If 70 percent or over, 1.5 percent of the average weekly earnings for each 1 percent of disability in excess of 60 percent to be paid during the remainder of life, after payment for the maximum number of weeks specified in the foregoing schedule has been made.(Stats.1937, c. 90, p. 283, s 4659. What if I am unhappy with the services provided by the workers' compensation third party administrator? Typical duties of the WCAB include reviewing petitions for reconsideration and regulating the appeals process by creating new rules. No food, gum or drink (other than bottled water) is allowed on the 3rd floor in the hallways, lobbies or courtrooms. P.D. The WCCMU provides continuous on-site workers compensation third party administration contract monitoring. However, if the employee has notified the employer in writing prior to the injury that he or she has a personal physician a physician or surgeon who has previously treated the employee the employee may be treated by that physician from the date of injury. We assist in workers compensation claims from Bakersfield to San Diego County. Workers compensation insurance carriers are known for screwing injured workers out of money if they are not properly represented in a workers compensation case. Box 429459 San Francisco, CA 94142-9459. . Rules and regulations of the California Division of Industrial Accidents and Workers' Compensation Appeals Board Standard claims evaluation techniques, references, and settlements . There remains a question, however, whether the penalty applies to permanent disability payments voluntarily and timely made prior to the issuance of the award. The sole issue before the court in Manning, however, was whether the penalty should have been computed by applying the penalty to temporary disability benefits previously paid under an earlier award as well as on the award of permanent (disability) benefits. (Id., at p. 656, 89 Cal.Rptr. On July 11, 1977, all delayed permanent disability payments were brought up to date and thereafter all permanent disability payments were paid by County to Crowe in a timely manner. Contact us. Units within the Marina del Rey district office: Zip code locator tool will help you locate the DWC district office serving your ZIP code. The judge observed that Adams v. Workers' Comp. . The carrier made no delay in the payment of the awarded temporary disability. In Gallamore one of the claimed penalties involved the failure to voluntarily pay permanent disability advances prior to the issuance of an award. All such situations call for a workers compensation lawyer who understands the rating tables and other complex aspects of the workers compensation filing, appeal and litigation processes. 78.). THE MATERIALS CONTAINED IN THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES AND ARE NOT TO BE CONSIDERED ADVERTISING OR LEGAL ADVICE. All rights reserved. Appeals Bd. The judge accordingly awarded Crowe permanent disability benefits of $21,000, payable at $52.50 per week for 400 weeks, and thereafter a life pension of $48.46 per week. This includes investigating workers compensation claims, determining entitlements, issuing notices, and delivering benefits within with statutory timeframes. The total aggregate amount of support payments depends on the number of dependents and the extent of their dependency. We now turn to the application of the penalty to the permanent disability and life pension. 517, 555 P.2d 303; State Comp. The purpose of the following material is to provide department managers and supervisors a general guide for reporting industrial injuries/illnesses. Reporting supervisors and managers should identify any third party whose actions may have led to the injury/illness. Labor Code section 4658, as amended by Statutes 1971, chapter 1750, section 5, operative April 1, 1972, and Statutes 1973, chapter 1023, section 6, operative April 1, 1974, presently provides:If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed, according to subdivision (a). (https://www.nbcbayarea.com/news/california/california-nevada-forced-prison-labor-servitude/3158526/.) rbloom@ceo.lacounty.gov, Toni Vu Supp.1979) s 11.12, pp. An employer must provide an employee a Workers Compensation Claim Form (DWC-1) within one working day of receiving notice of an industrial injury/illness. (Garcia v. Workmen's Comp. App. The California Workers' Compensation Appeal Board is an important entity all Los Angeles workers should be aware of.While no one envisions having vital medical care reimbursement and compensation for lost wages denied by a system designed to protect injured workers and their families, much less suffer a workplace injury in the first place, the reality is many workers must have their cases . Please do not park in the retail only area. endstream endobj 125 0 obj <>stream The penalty does apply to the permanent disability payments actually delayed and those which are payable pursuant to the issued findings and award of June 9, 1978. LEXIS 335], Ciprian v. Larry D. Smith Corr. There are six basic types of workers compensation benefits available, depending on the nature, date, and severity of the workers injury: Injured workers are entitled to receive all medical care reasonably required to cure or relieve the effects of the injury/illness, with no deductible or co-payments by the injured worker. htj0_RYr_HW:d`qIoGl4v;H|"A!8x~!o)tC=z{CsZcDesV\d'mwfp,7W(hk2h2*Y{t%|A*98]y|Ig.t3^z>1f3%~fi$*x-1wK1o/ j~ 649, required that the penalty apply to both the awarded permanent disability and future medical care. (Garcia, supra; Moreno, supra; Ciprian, supra; Brown, supra.). The issue here is not whether a penalty should be assessed but rather how the ten (10) percent penalty should be calculated. Ins. The judge rejected County's contention that the penalty only applied to benefits actually delayed. Do I Have to Take Time Off for a Work Injury? What are the Workers Compensation Laws in California? Decided: December 05, 1978 Burt Pines, City Atty., and H. John Wittorff, Asst. Electronic Reporting System for Doctors First Report of Injury, Licensing, registrations, certifications & permits, Workshops are held via Zoom at 3 p.m. on the first Friday of every month in. A worker who is determined to have a permanent total disability receives the temporary disability benefit up to $840 per week for life. 192, 481 P.2d 200; Berry v. Workmen's Comp. These payments are generally payable in the same manner and amount as temporary disability benefits, but the minimum rate of payment is $224 per week. Code, 3351(e).) In any event, we do not, and cannot, take into consideration a particular party's desire and must base our decision on law and reason. COUNTY OF LOS ANGELES (Mechanical Department) Legally Uninsured, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD of the State of California; Charles Crowe, Respondents. 598. This will assist the County in pursuing subrogation recovery. P.D. WORKERS' COMPENSATION APPEALS BOARD DIRECTORY GOLETA (SANTA BARBARA) WORKERS' COMPENSATION APPEALS BOARD [GOL] 6755 Hollister Avenue, Suite 100 Goleta, CA 93117-3018 Telephone (805) 968-0258 JUDGE SECRETARY Tery Menefee [Presiding] Cynthia Walker Scott Seiden Anita Shelton INFORMATION AND ASSISTANCE OFFICER Telephone: (805) 968-4158 In addition, the workers dependents may receive support payments for a period of time. (1968) 261 Cal.App.2d 546 [33 Cal.Comp.Cases 225]; State Comp. Ins. 590, 591 P.2d 1242.). Currently, the City of Los Angeles utilizes a combination of in-house staff and contracts with private firms for the administration of workers' compensation claims. In light of Gallamore v. Workers' Comp. Do I still have to provide the claim form (DWC-1) and complete the employer's report (5020)? In many cases, the exploration of transitional modified or alternate work should begin upon notification of the industrial injury or illness. Compensation Appeals Board for adherence. As workers' compensation law has changed over the years, we have stayed on the cutting edge of case law, providing our clients with an . (See Lab.Code, s 4650; Kerley v. Workmen's Comp. . Many County employees are entitled to salary continuation benefits that are paid in lieu of state rate temporary disability benefits. The California Workers Compensation Appeal Board (WCAB) is an important entity all Los Angeles workers should be aware of. Those workers unable to return to work within three days are entitled to temporary disability benefits to partially replace wages lost as a result of the injury. The WCAB acknowledged this dilemma. . The court upheld the refusal of the Board to apply the penalty to the temporary disability stating: In the present case the Board correctly applied section 5814 by imposing the penalty on the full amount of the permanent disability benefits, including the life pension . Injured workers have a right to the following benefits: Do not play with your health. (714) 480-4422 For information about sending documents subject to a statutory time limit by email to a district office, please refer to the en banc order and to the District Office page for more information. You do not need to provide the claim form (DWC-1) and complete the employers report (5020) unless the injury results in lost time or the employee requires medical treatment. (See Pen. App. LEXIS 3119] (writ denied). (Garcia, supra.). LEXIS 352].). The Workers' Compensation Appeals Board (Board) denied the County's petition for reconsideration, noting that it had previously held that an indigent who is required to work as a condition of receiving welfare benefits qualifies as an employee. We are also cognizant of the difference between county inmates who work in fire suppression and countyinmates who do not, the former being statutorily included in the definition of employee, while the latter being subjected to the aforementioned compulsory test. City Atty., for petitioner. The penalty is annulled as it applies to the award of further medical care and to the timely, voluntary permanent disability benefits paid prior to the issuance of the permanent disability award. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Report this profile; About. 323-970-3195. OD LEGAL LOS ANGELES . California workers compensation laws hold all employers must carry workers compensation insurance to reimburse injured workers for one-time industrial accidents or repetitive stress injuries. COUNTY OF LOS ANGELES v. WORKERS COMPENSATION APPEALS BOARD. On February 19, 1969, the referee issued a permanent disability award of 100 percent, equivalent to $21,000 with weekly payments of $52.50 to commence on August 20, 1968, and a life pension thereafter. 3d 1, 416 P.3d 1]andS. G. Borello & Sons, Inc. v. Dept. State Fund was the workers' compensation insurer for L.A. School District up through June 30, 1976; thereafter, L.A. School District was permissibly self-insured. endstream endobj 124 0 obj <>stream If an inmate was performing compulsory work as an incident of incarceration, the inmate worker is not an employee and has no rights to workers compensation benefits. |J+RSeO\$>_LJrA ataras@ceo.lacounty.gov, Joe Carrillo 1245.) The Marina parking lot #4 on Mindanao Way is between $6-$8 per day. Thus, both Garcia and Gallamore treat Manning as a case where the penalty was applied to but one class of benefit to wit: permanent disability, which includes the life pension. at p. Determining Damages in a Personal Injury Claim, Determining Who is At Fault for an Injury. F085705 and F085713, arguing that that the inmate workers did not receive compensation for their work and therefore cannot be deemed employees protected by workers compensation. . (Lab. 590, 591 P.2d 1242.). The applicants in Garcia wish to file a civil suit, where the value of the potential civil damages is greater than the potential value of the workers compensation benefits. Bd. County concedes that it unreasonably delayed in voluntarily making permanent disability payments to Crowe from January 25, 1977 to July 11, 1977. Relations(1989) 48 Cal.3d 341 [256 Cal. (1977) 67 Cal.App.3d 413, 136 Cal.Rptr. LOS ANGELES UNIFIED SCHOOL DISTRICT CLASS DESCRIPTION PERSONNEL COMMISSION Class Code 2047 . and, (3) What considerations were received, if any; for example, monetary compensation, work-time credits, freedom from incarceration, etc. 40-41; in apparent accord is 2 Hanna, California Law of Employee Injuries and Workmen's Compensation (2d ed. Bd. ), The WCAB also stated that local ordinances addressing the employment status of county inmate workers are not determinative. While there is a lot of uncertainty now, what is certain is that changes are coming. Subsequent to the judge's decision and the denial of reconsideration by the Board, the Supreme Court in Gallamore v. Workers' Comp. (1971) 4 Cal.3d 223, 93 Cal.Rptr. Once a person enters a prison and surrenders his freedom, he is bound by strict rules with respect to housing, personal belongings, visitation rights, and personal movement. (1972) 27 Cal.App.3d 504, 104 Cal.Rptr. 757, and Daniels v. Workmen's Comp. Language The findings of fact do not support the decision. . Appeals Bd. GREATER LOS ANGELES AREA P.O. Why hire a workers' compensation lawyer and when is it necessary? Unless it is an emergency, the employee has the right to go to the predesignated physician. Family Medical Leave CLICK HERE TO SEE INFORMATION ON HOW WE CAN REPRESENT YOU IN A CIVIL LAWSUIT, work stress and all types of physical injury, Bakersfield Workers Compensation Appeals Board, Your injury or work-related illness is serious, long-term and/or, Your workers' comp claims has been unfairly denied, or you are suffering due to delays in payment of the benefits you need, You have been fired since filing the claim or you have reason to believe you will not be allowed to return to work in a comparable position, You are dealing with harassment from the insurance company or your employer, including being followed by an investigator or sent to an independent medical examiner, You are being sent to the company's doctor, who is biased toward the employer, perhaps not an M.D., and certainly not a specialist in the area required for proper assessment and treatment of your injury, The employer must pay for your medical treatment, You are entitled to pay called short term or long term disability benefits for the Period of time you are unable to work due to your work injury, You may be entitled to long term or lifetime benefits due to a work injury. If an inmate volunteered for a job, he is deemed an employee and entitled to workers compensation. The benefit structure defines what injured workers are entitled to receive when they sustain an injury arising out of and in the course of their employment. (1968) 264 Cal.App.2d 724, 728-729, 70 Cal.Rptr. Some people do become victims of wrongful termination because they have been injured and filed a claim. Recognized by Southern California Super Lawyers. If the employee has predesignated a personal physician to treat an on-the-job injury or illness, and it is not an emergency, the employee should go to this predesignated physician. Rptr. LA County Helps Los Angeles workers compensation attorney, Los Angeles Accident Attorney: Commercial Truck Accidents, Los Angeles Personal Injury Attorney: Multi-Person Suits for One Accident. Workers' Compensation Appeals Board 455 Golden Gate Avenue, 9th floor San Francisco, CA 94102. (U.S. Please note the following zip codes pertain to the Los Angeles Workers Compensation Appeals Board: Appeals Bd., supra, 18 Cal.3d at p. 231, 133 Cal.Rptr. new google.translate.TranslateElement({pageLanguage: 'en'}, 'google_translate_element'); You must provide the claim form (DWC-1) and complete the employers report (5020). Const., 13th Amend. Unfortunately, California places this safeguard in the hands of powerful insurance companies who do not always do the right thing. 17-47. The benefits are generally designed to replace two-thirds of the lost wages, up to a maximum of $840 per week. Workers' Compensation Appeals Board 455 Golden Gate Avenue, 9th floor San Francisco, CA 94102. we are cognizant here of the disparate impact in determining the employee status between persons incarcerated in state prison and person incarcerated in county jail. Permanent disability and medical care are clearly different classes of benefits.2 Crowe now concedes this point. Appeals Bd. (https://apnews.com/article/prisons-california-gavin-newsom-minimum-wage-slavery-a0aed840fc6dc54c7eb0da98d0f6bb05.) Box 429459 San Francisco, CA 94142-9459. . App. 123 0 obj <>stream (County of Los Angeles v. Workmen's Comp. Civ. To respond to County departments needs that arise from the costs and risks associated with workers compensation claim liabilities. Garcia, supra, is unique in that it involved a massive gas explosion that killed one inmate worker and severely injured several others. hVn8Oc@1RlM:Oypub Wt~,'.`aD$H(*Hhr!UH1%,N W(JH (714) 543-0700 ext. Workers' Compensation Appeals Board (WCAB) Industrial Welfare Commission (IWC) Search; Custom Google Search Submit. Comp. App. Therefore, it is recommended every manager and supervisor become familiar with their departments industrial injury/illness reporting practices. We further recognize that sometimes policies and procedures do not translate into practice. P.D. 1. 76 and Ramsey v. Workmen's Comp. Bd. In December 2022, the Workers' Compensation Appeals Board (WCAB) issued four panel decisions that defined the parameters for analysis of the employment status of inmate workers for the purposes of determining whether these inmate workers are entitled to the protections of workers' compensation and other labor laws. Accordingly, even though no payments of the life pension were here delayed, the penalty applies to the life pension since it falls within the permanent disability class of benefits. In ordinary circumstances, an inmate would welcome a finding of employee status and an award of workers' compensation benefits. 0_. BAUDILIO LOPEZ CANSINOS . The matter proceeded to hearing on May 24, 1978. If they succeed, presumably the compulsory part of the voluntary / compulsory test will be gone, making all inmate work voluntary. This includes the development of a suitable plan, the cost of any training, and a maintenance allowance while participating in rehabilitation. Given these considerations, we find that the case law with respect to county inmates is antiquated and could use a fresh look by the Legislature or courts. /Ct@CcrlNmj;E;^5yS~x-=?]t~}W3>D]J|>*n0X={i=#Qn2f$#4n]nwtq8|w$[J)2&ie//gCxTvkG GK:`RwjQR{}ZuTCu]Wm{Xq-n^7G)^^z#8;R-O[LWmU{i'AJ _g?.{W]wU? Any ongoing hazard or exposure should be corrected immediately. LexisNexis CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Appeals Bd. Work Related Injury/Illness 24-Hour Telephonic Reporting. 517, 555 P.2d 303; Vogh v. Workmen's Comp. Within a four block radius there are probably 30 more places to get a quick lunch. A worker determined to have a permanent partial disability receives weekly benefits for a period which increases with the percentage of disability, from four weeks for a one percent permanent disability up to 694.25 weeks for a 99.75 percent disability. (1979) 94 Cal.App.3d 250, 156 Cal.Rptr. In deciding whether an inmate was performing compulsory or voluntary work, trial courts may ask the following questions (the Rowland factors): (1) Did the county require the worker to work as a condition of incarceration? Gregory Palmberg, presiding judge. 129) which developed the rule that the penalty should not be applied to those types of benefits which were neither delayed nor refused. (Gallamore, supra, 23 Cal.3d at p. 826, 153 Cal.Rptr. Comp. THIS INFORMATION IS NOT INTENDED TO CREATE, AND RECEIPT OF IT DOES NOT CONSTITUTE OR CREATE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THIS FIRM AND/OR ANY LAWYER IN THIS FIRM WITH ANY READER OR RECIPIENT OF THIS INFORMATION. of Ind. The question of delay and the reasonableness of the cause therefor shall be determined by the appeals board in accordance with the facts. Some physical injuries are life altering while others may heal within a reasonable period of time. What if the employee claims to be injured at work, but I do not think the employee was injured at work? After 60 days, the WCAB must come to a decision on the appeal or it will be denied. The maximum voucher amount is $10,000. Additional paperwork is required to ensure the full investigation and expeditious delivery of benefits. Insurance companies place their financial interests above those of the injured workers meant to be protected far too many times to be counted on. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Google+ (Opens in new window), How to Prove Injuries in a Los Angeles Car Accident. If voluntary and timely payments were not so exempt the employer has no incentive to correct his error. Appeals Bd. Other Los Angeles County zip codes pertain to other Workers compensation Appeals Boards. Home; . Street, 9. th. (See Adams v. Workers' Comp. That said, we understand that we are bound by existing case law and are constrained in applying the compulsory test explained above. Terminations of employment due to the exercise of your workers compensation rights may constitute what is referred to as a 132a penalty in the workers compensation system. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. While not a case where a life pension was awarded, in Garcia, supra, 6 Cal.3d 687, 100 Cal.Rptr. 722; disapproved on another point in Adams, supra, 18 Cal.3d at p. 231, 133 Cal.Rptr. Thus, it is clear from Gallamore that the penalty applies to the entire permanent disability award except for that portion of the penalty covered by the March 1977 settlement. On the first floor of the building are Panera Bread, Peets Coffee, Penguins Frozen Yogurt, Subway Sandwiches and Wahoos Fish Taco. Gallamore expressly held that the penalty is to be computed by assessing 10 percent of the entire amount ultimately awarded for the particular class of benefit which has been unreasonably delayed or withheld. (23 Cal.3d at p. 827, 153 Cal.Rptr. By car: Driving directions to the Marina del Rey district office. (Duke) (1974) 39 Cal.Comp.Cases 809.) LEXIS 3361] (writ denied); Salazar v. Workers Comp. 1248.) . We have workers compensation lawyers capable of handling both the big and small workers compensation case. at p. 593, 591 P.2d at p. Seek the advice and counsel of a qualified Los Angeles workers compensation attorney. Further, in looking at Labor Code sections 4658 and 4659, as they existed both at the time of injury herein3 and the present,4 one can only conclude that the life pension is merely a part of permanent disability. Contractual requirements include: program development, claims management, monitoring medical treatment, assisting injured workers resolve workers compensation issues, supporting County department return-to-work efforts, attending claim status reviews, and identifying and investigating potentially fraudulent workers compensation claims. LEXIS 369], Moreno v. County of San Bernardino (December 19, 2022) [2022 Cal. App. 4720 Lincoln Boulevard, 2nd floor Marina del Rey, CA 90292-6902 (visit the website) WCAB MAIN PHONE NUMBER. (, International Sales(Includes Middle East), Business Insight Solutions Partner Portal, Corporate InfoPro (Corporate Information Professionals), InfoPro (Legal Information Professionals), LexisNexis Workers' Comp Law Newsroom Staff, https://apnews.com/article/2022-midterm-elections-slavery-on-ballot-561268e344f17d8562939cde301d2cbf, https://apnews.com/article/prisons-california-gavin-newsom-minimum-wage-slavery-a0aed840fc6dc54c7eb0da98d0f6bb05, https://www.nbcbayarea.com/news/california/california-nevada-forced-prison-labor-servitude/3158526/. Petitions for reconsideration, removal, disqualification and answers should be filed in EAMS or with the district office having venue. 1248.). vS" Both thePruitt, supra, 261 Cal.App.2d 546andParsons, supra, 126 Cal.App.3d 629courts focused their analysis on the relationship between the inmates and the county despite there being a local ordinance on the matter. (Brown, supra. 823-824, 153 Cal.Rptr. (1976) 18 Cal.3d 226, 133 Cal.Rptr. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Defendant: 1/18/2023: Banks Robinson, Angela, Applicant vs. BERKELEY UNIFIED SCHOOL DISTRICT; adjusted by INTERCARE SERVICES, INC., Defendants: While there may be multiple penalties for separate and distinct acts of delay or non-payment, a single act of misconduct may only result in one penalty. Policies and procedures may differ significantly from one department to another. The worker may, however, supplement the maintenance allowance with advances of permanent disability benefits up to the point where the worker is receiving the same weekly amount as he or she received in temporary disability benefits.