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  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Default Appealing a Denial of U/C After Workers Comp

    My question involves unemployment benefits for the state of: California

    I was injured at work on July 31, 2008. Have been receiving Workers Compensation payments until recently when my disability became permanent/partial and my legal case was concluded with a settlement and me having to resign from my job effective July 30, 2010. I filed a claim with Ca dept of unemployment and was denied because I had no "taxable income" for the last two years. I called and explained that I was still employed up till 7/30 and receiving all employee benefits except for the income due to the injury but they said NO. Said to file an appeal, which I did and have it scheduled for August 25th. Do I have a legitimate case, what information should I bring with me and what should I expect? PLEASE HELP!!!

  2. #2

    Default Re: Denied U/C After Workers Comp. Appeal

    Well, obviously if you are permanently disabled and you can't work, you are not eligible for unemployment because you have to be "able and available for work" in order to receive benefits. Barring that, it seems the key words are "taxable income". I am not sure if WC payments are taxable but if they are not, there you go, you don't have any taxable income for the last two years.

    Go to the appeal hearing anyway and state your case. The ALJ is an expert in the laws and it is a relaxed atmosphere. Good luck and I'm sorry about your injuries.

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Denied U/C After Workers Comp. Appeal

    Work comp income replacement benefits are not reportable wages for unemployment purposes.

  4. #4
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Denied U/C After Workers Comp. Appeal

    Quote Quoting Chelebelle321
    View Post
    Well, obviously if you are permanently disabled and you can't work, you are not eligible for unemployment because you have to be "able and available for work" in order to receive benefits. Barring that, it seems the key words are "taxable income". I am not sure if WC payments are taxable but if they are not, there you go, you don't have any taxable income for the last two years.

    Go to the appeal hearing anyway and state your case. The ALJ is an expert in the laws and it is a relaxed atmosphere. Good luck and I'm sorry about your injuries.
    I have a permanent "partial" disability and am able to work. The workers comp payments were not taxable. Should not the state go back to the wages I had that were taxable at the time of the injury?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,436

    Default Re: Appealing a Denial of U/C After Workers Comp

    No, they should not. Not if they are beyond the look-back period. And if you've had no reportable wages as the state defines them since 2008, they are.

    The issue is not whether or not the income is taxable. The issue is whether or not the income is reportable for UI purposes. Workers comp income replacement benefits are evidently not. And while the look-back period varies a bit from state to state, there is no state where, in August of 2010, any wages earned in 2008 would still be in the look-back period.

    ONLY income that is reportable for UI purposes earned in the look back period counts toward a UI claim. If you have no such income within the look-back period, then you are not eligible for unemployment, regardless of what non-reportable income you may have had or what reportable income you may have had outside the look-back period.

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