For a disability paid more than two years after the DOI but within the first two years, the rate is determined by the law in effect on which date?

• A. The date when the payment is actually made
• B. The date of disability
• C. The date the injury occurred
• D. The date the claim was filed

Answer: (A)

When a disability payment is paid more than two years after the date of injury, the rate used for that payment is set by the law in effect on the date the payment is actually made. This approach ensures that long-delayed benefits reflect current statutes and rate tables rather than the older rules that applied at the time of injury, avoiding retroactive shifts in entitlement. It's about applying the current law to the act of paying the benefit rather than tying the rate to the date of injury or disability. The other dates (injury, disability, or claim filing) would create retroactive or misaligned results for late-paid benefits, which this rule avoids.