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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Question Unemployment vs Workers Comp

    My problem is I got hurt at work (My back) . I returned to work for 1 week. Then laidoff I did what I thought I was suppose to and filed for unemployment and was denied at first. My caseworkers assistant had called to check on me and I told her that I had filed for unemployment she asked for the persons name and # I gave them to her. She said at the time that if UE picked me up then WC would not pay me.
    Well after she called them they changed thier minds and accepted me. Now I have had my first hearing and they found in my favor. And comp is suppose to pay all back comp due me from a year ago.
    My question ? Do I have to repay unemployment all that money ,when it turns out that they should have stuck with the original denile instead of caving in to pressure from comp.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Unemployment vs Workers Comp

    Yes... you cannot receive benefits for both TTD, and UI for the same dates/periods. That is 'double dipping'. When you collected the UI you declared you were 'ready willing and able' to accept employment if offered.

    As the claim/injury has been ordered compensable, you obviously were not entitled to UI benefits. You could not work during that time.

    The money you received could be reimburseable by the ER/IC... depends on how you received the TTD back payment. If you received the total TTD due, you pay the unemployment you received.

    If you receive the difference between the UI and TTD, the ER/IC pays it back. Usually the TTD rate is higher than the UI rate, and the IW's receive the difference. But your's may be the opposite.

    Do I have to repay unemployment all that money ,when it turns out that they should have stuck with the original denile instead of caving in to pressure from comp.
    You're lucky the UI dept. did not stay with the org denial... you would have been a year with out income. They didn't make any mistakes here... what they did was in your favor. Agreed ?

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