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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Permanent Disability Benefits and Unemployment

    Hi, I am new on this website...In January 2010 I was injured, my lower back and was put on work restrictions. About a month later my employer fired me, supposedly for other reasons, thats a whole other story.

    I applied for unemployment and have been collecting it, and my insurance claims administrator was very lax and so I did not receive any information and was not put on temporary disability benefits.

    Now, I have been declared P&S and am about to receive the permanent disability benefit. I'm not sure whether I have to report this to unemployment or not. I called unemployment today and the worker was confused by my situation, and now I have to do a phone interview. Until that happens, does anyone have information that can help me?

    This is so frustrating, I was hoping to use my PD to pay for bills that have backed up since I've been unemployed, not to use it to live off of until its gone and then go back on unemployment.

    P.S. My weekly benefit amount for PD is about $40 more than what I receive on unemployment.

    Thank you.

  2. #2
    Join Date
    Jun 2009
    Posts
    180

    Default Re: Permanent Disability Benefits and Unemployment

    Quote Quoting lost99 View Post
    Hi, I am new on this website...In January 2010 I was injured, my lower back and was put on work restrictions. About a month later my employer fired me, supposedly for other reasons, thats a whole other story.

    I applied for unemployment and have been collecting it, and my insurance claims administrator was very lax and so I did not receive any information and was not put on temporary disability benefits.

    Now, I have been declared P&S and am about to receive the permanent disability benefit. I'm not sure whether I have to report this to unemployment or not. I called unemployment today and the worker was confused by my situation, and now I have to do a phone interview. Until that happens, does anyone have information that can help me?

    This is so frustrating, I was hoping to use my PD to pay for bills that have backed up since I've been unemployed, not to use it to live off of until its gone and then go back on unemployment.

    P.S. My weekly benefit amount for PD is about $40 more than what I receive on unemployment.

    Thank you.
    Easy Question. Your PD advances do not affect UI compensation at all. PD is not earnings that require reporting . PD is paid for your % of disability . You get to collect both at the same time

    No worries for you

    Interceptor

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Permanent Disability Benefits and Unemployment

    Easy Question. Your PD advances do not affect UI compensation at all. PD is not earnings that require reporting . PD is paid for your % of disability . You get to collect both at the same time
    Oh yes they/PDA's do affect UI, and/or SDI... you cannot collect both for the same injury and time periods.
    Many years ago EDD was not entitled to a lien against PD paid, however, that was changed. My Work Comp Index, 8th ed., page 324 states:

    <<
    Employment Development Department, Lien of, Contd.
    . . . . . . . . . . . .
    ▫ PD, lien against: Lien allowed against PD where EDD paid for same days as PD was
    owed, “resulting solely from the same injury or illness,” L.C. 4904, Unempl
    Insurance Code 2629(b)(3); TD provision, (b)(2)
    >>
    The relevant section of L.C. 4904 is (b)(1)-(2).

    If an EE is receiving PD payments and is eligible for EDD, the EDD payments are reduced by the amount of the PD. Again, this was not done until a few years ago.
    labor code is here http://www.leginfo.ca.gov/cgi-bin/di...le=4900-4909.1

  4. #4
    Join Date
    Jun 2009
    Posts
    180

    Default Re: Permanent Disability Benefits and Unemployment

    Quote Quoting BvIA View Post
    Oh yes they/PDA's do affect UI, and/or SDI... you cannot collect both for the same injury and time periods.labor code is here http://www.leginfo.ca.gov/cgi-bin/di...le=4900-4909.1
    A person can collect regular Unemployment Insurance and PDA'S at the same time . Regular UI has nothing to do with an injury. This benefit is paid as a wage replacment for loss of a job by no fault of your own. Not subject to adjustment.

    A person cannot collect Unemployment Compensation Disability Insurance and PDA'S at the same time. This benefit is a disability payment subject to WCAB leins and adjustments.

    The question is what exact benefit are you collecting from EDD ? Are you completely released from care? Able and Available to seek work?

    Actually, I just went through this with my AA and EDD. The Edd addjuster did not undertsand this in my case either . I had to speak with a supervisor. Then spoke to my
    AA.

    (b) (1) In determining the amount of lien to be allowed for
    unemployment compensation disability benefits under subdivision (f)
    of Section 4903, the appeals board shall allow the lien in the amount
    of benefits which it finds were paid for the same day or days of
    disability for which an award of compensation for any permanent
    disability indemnity resulting solely from the same injury or illness
    or temporary disability indemnity, or both, is made and for which
    the employer has not reimbursed the Employment Development Department
    pursuant to Section 2629.1 of the Unemployment Insurance Code.
    (2) In determining the amount of lien to be allowed for
    unemployment compensation benefits and extended duration benefits
    under subdivision (g) of Section 4903, the appeals board shall allow
    the lien in the amount of benefits which it finds were paid for the
    same day or days for which an award of compensation for temporary
    total disability is made.

    BVIA is the very knowledgeable person on this web site and I certainly don't wish to offend anyone here. The language of the code seems a little confusing in section 2.

    Just to share my recent exerience on this very same issue.
    Last edited by Interceptor; 07-30-2011 at 12:51 AM.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Permanent Disability Benefits and Unemployment

    A person can collect regular Unemployment Insurance and PDA'S at the same time
    A person cannot collect Unemployment Compensation Disability Insurance and PDA'S at the same time.
    (b) (1) In determining the amount of lien to be allowed for
    unemployment compensation disability benefits under subdivision (f)
    of Section 4903, the appeals board shall allow the lien...
    2) In determining the amount of lien to be allowed for
    unemployment compensation benefits and extended duration benefits
    under subdivision (g) of Section 4903, the appeals board shall allow
    the lien
    I can't tell you the legislature is referring to UCDB and SDI in the same light or not...I have not dealt with or heard of UCDB.... either way... the labor code is contrary to what you are saying...

    You cannot receive regular UI or SDI/UCDB for the same dates/injury, EDD will be entitled to a lien for offset.

  6. #6
    Join Date
    Jun 2009
    Posts
    180

    Default Re: Permanent Disability Benefits and Unemployment

    Quote Quoting BvIA View Post
    I can't tell you the legislature is referring to UCDB and SDI in the same light or not...I have not dealt with or heard of UCDB.... either way... the labor code is contrary to what you are saying...

    You cannot receive regular UI or SDI/UCDB for the same dates/injury, EDD will be entitled to a lien for offset.
    Much respect for BVIA

    Regular UI is not paid for any dates / injury. PDA has nothing to do with a regular UI claim.

    Interesting enough my AA and an Adjuster / EDD supervisor told me the same thing not too long ago. I currently collect both benefits . EDD knows this .

    I think there is something we are not understanding here?

    Only when EDD pays a benefit / disability would a lien or offset apply for a work injury.

    Not looking to argue with anyone. I respectfully disagree.

    To the original poster: Please post back with your findings and good luck with your interview . The exact same thing happened to me .

    Cheers

    Interceptor

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