Jimenez

In this case we hold that the “maintenance allowance” benefit provision created by workers’ compensation reform legislation does not apply retroactively to injuries which occurred before its effective date.

Background

Temporary disability indemnity (TD). Workers who are partially or totally temporarily disabled due to an industrial injury receive “temporary disability indemnity” (TD or medical TD) until they recover or become permanently disabled. (Lab. Code, § 4650; 1 Herlick, Cal. Workers’ Comp. Law Practice (4th ed. 1990) § 6.1, p. 6-2.) TD is computed at two-thirds of average weekly earnings, with a statutory maximum depending on the date of the injury. (§§ 4653-4658; Herlick, op. cit. supra, §§ 5.18, 5.23, pp. 5-14, 5-23.)

For injuries occurring between 1984 and the end of 1989, the maximum TD benefit was $224 a week. For injuries occurring in 1990, the maximum TD benefit was $266 a week. For injuries occurring on or after January 1, 1991, the maximum TD benefit is $336 a week. (§ 4453, subd. (a); 1 Herlick, op. cit. supra, § 5.23, pp. 5-23 - 5-24.)

Vocational rehabilitation (VR). The law encourages the injured worker to engage in rehabilitation. In fact the term…