Greetings, well my last Tip on daily rates drew quite a bit of feedback. I should have clarified that the Tip below is the formula for calculating a daily rate when you do NOT owe an entire week of indemnity. This is not how you calculate it when you owe an entire week and the rate changes mid-week due to an AWW change, PTD supplement change, TTD-TPD change,…
- If you need to calculate a daily rate because the rate/amount changes mid-week, and you owe the entire week for PTD supplementals, AWW change due to health insurance, etc…divide old weekly amount and the new weekly amount by 7 and split it accordingly.
HOWEVER, I did get feedback from several clients that in audits the state has applied some “interesting” methodologies for splitting. I am not sure where the state gets the formulas that they used in those cases but below is one from a client. I have not seen any caselaw applying these state formulas but wanted to pass along so as not to give any misinformation on how the state may apply it.
From a Supv at one of my clients who deals with the State:
The way the state calculates TTD/TPD in a week is a little odd because they expect you to pay the full TTD rate unless there are earnings involved.
Example TTD rate 300.00
TTD 01/01-01/04 4 days 300 / 5(days worked per week)=60 x 4 days=$240.00 is what is owed for TTD
TPD 01/05-01/07 3 days The remaining days that are TPD if no earnings you take the CR 300.00 – the 4 days of TTD 240.00 = $60 is what is owed for TPD
You have to calculate TTD first always whether it is at the beginning of the week or the end so that you can take the difference and pay TPD.
(My note- I would have said $300 TTD/7×4 and then plus $288 TPD/7 x 3 = $294.86.)
Be sure to check our website for upcoming FL, GA and TN webinars and events. https://eraclides.com/events/
I’ll be teaching an upcoming FL 4 hr ethics and law on 6/24/25. Flyer attached and you can register here:
https://us02web.zoom.us/meeting/register/LgV8OvZaQHSFpi1u_XWi9w
Save the date for our firm’s 10th annual Tampa CEU extravaganza, July 25th!
Sincerely,
Morgan Indek | Managing Partner