- (a) Claimants receiving compensation for permanent total disability or death benefits are entitled to section 10(f) adjustments each fiscal year. A section 10(f) adjustment cannot decrease the compensation or death benefits payable to any claimant.
(b) The section 10(f) adjustment for a given fiscal year is the lower of:
- (1) The percentage by which the new fiscal year's national average weekly wage exceeds the prior fiscal year's national average weekly wage as determined by the Department (see § 702.804(b)); or
- (2) 5 percent.
- (c) Section 10(f) percentage increases are applied each October 1 to the amount of compensation or death benefits payable in the prior fiscal year.
(d) In applying section 10(f) adjustments—
- (1) Calculations are rounded to the nearest dollar; and
- (2) No adjustment is made if the calculated amount is less than one dollar.
- (e) A section 10(f) adjustment must not increase a claimant's weekly compensation or death benefits beyond the applicable fiscal year's maximum rate.
- (f) Section 10(f) adjustments do not apply to compensation for temporary or partial disability.