California VRMA payments were payable to workers injured before 2004 and were available
for these workers through December 31, 2008.
VRMA payments to a worker while participating in a rehabilitation plan had a lower
maximum weekly amount ($246 per week) than TD benefits. However, the worker could
supplement the maintenance allowance with PDAs up to the total TD rate.
VRMA in lieu of WC
When there is payment of VR in lieu of WC, consider the VRMA benefits as periodic
payments for purposes of starting an LS proration.
TD payments @ $250.00/week June 01, 1993 to March 10, 1994
VRMA @ $246.00/week March 11, 1994 to October 20, 1994
PDA @ $148.00/week October 21, 1994 to January 15, 1995
LS for $50,000.00 (less PDA), Attorney Fee $5,000.00
In this situation, VR payments are subject to offset. The last date of the VR payments
is the date from which we start prorating the lump sum.
TD payments @ $250.00/week June 1, 1993 to March 10, 1994
VRMA @ $200.00/week plus PD @$50.00/week (total $250.00/week) March 11, 1994 to October
In this situation, the combination of VR and PDAs total the prior TD amount. Consider
VR payments to be in lieu of WC. Consequently, they are subject to offset. The total
of the VR and PD payments, $250.00, is the amount for offset.
VRMA payments after a WC award
Payment of VRMA may sometimes continue after the approval and payment of a WC award
(that is, C&R, STIPS, or Findings & Award). VRMA payments may also begin after an
award. When these situations happen, VR is not specifically included as part of the
award. It remains open for later finalization. Because the WC award settles all other
WC issues, such VRMA payments are considered paid in addition to WC and are not subject
to offset. However, if an amount is set aside from a lump sum to settle VR, and a
directed plan is not involved, see DI 52110.005A.2.
For LS proration purposes, VRMA payments in effect at the time of the C&R are deemed
to end the day before the WCAB judge approves the C&R. Therefore, the LS start date
is the date of the award. Caution: Unless there is specification of another benefit start date in the award, this is
the only situation in which the date of an LS award is used as the start date for
proration. See DI 52150.060D.2.