Workers' Compensation Discussion Forums

Hello all,
It has been along time since I posted. Hope everyone is doing well.
Here is my update. I hade a sleep study done the end of june. Will be having a test done on my bladder on 9/8. The AME order the test. Currently rated at 20%

My question is I applied for unemployment; attorney's paralegal suggested it because my restricions were not honored or no job modifications can be made. I was turned down from umemployment, they stated, " due to health reasons." I gave them my work restricions during the telephone interview.

I called state disability because at one point I was receiving it until PPD kicked in. Disability rep said I would have to be able to go back to what I used to do which is nursing. I thought if you say your are available and willing to work that you would eligible.

If I'm getting PPd am I not entitled state disability also?
Would work comp have to pay the difference?
I still have my claim in for SSD but I'm desparate for money.

I am from Kansas and in my state you have to be willing and able to work.

I applied for unemployment and received benefits, at the time I was at MMI and had no work restrictions.

While on unemployment I hired a wc attorney and my claim was reopened due to continued problems with the knee, TTD was restarted.

I notified the unemployment office right away about my wc claim being reopened.

Unemployment got their attorney involved and I had to repay every penny I received while on unemployment even when I was at MMI with no restriction.

If your getting PPD, your not entitled to Unemployment.

something is not right.
unemployment laws have to conform to federal regulations for the most part.
california, oregon, nevada, texas, and almost every other state allows those with health issues and are employable to collect.
unemployment only for the healthy is a system that discriminates.
i suspect there are offsets and other provisions that function along with comp and disability systems that are unique to some cases and some systems so there is no overlap or duplication.
if unemployment is closed then disability should be open.

sounds like the Kansas employee has to give the employer an option to take them back to work after becoming MMI before the right unemployment kicks in:

http://www.kslegislature.org/legsrv-stat...Statute.do

"44-706. Disqualification for benefits. An individual shall be disqualified for benefits:

(a) If the individual left work voluntarily without good cause attributable to the work or the employer, subject to the other provisions of this subsection (a). Failure to return to work after expiration of approved personal or medical leave, or both, shall be considered a voluntary resignation. After a temporary job assignment, failure of an individual to affirmatively request an additional assignment on the next succeeding workday, if required by the employment agreement, after completion of a given work assignment, shall constitute leaving work voluntarily. The disqualification shall begin the day following the separation and shall continue until after the individual has become reemployed and has had earnings from insured work of at least three times the individual's weekly benefit amount. An individual shall not be disqualified under this subsection (a) if:

(1) The individual was forced to leave work because of illness or injury upon the advice of a licensed and practicing health care provider and, upon learning of the necessity for absence, immediately notified the employer thereof, or the employer consented to the absence, and after recovery from the illness or injury, when recovery was certified by a practicing health care provider, the individual returned to the employer and offered to perform services and the individual's regular work or comparable and suitable work was not available; as used in this paragraph (1) "health care provider" means any person licensed by the proper licensing authority of any state to engage in the practice of medicine and surgery, osteopathy, chiropractic, dentistry, optometry, podiatry or psychology; "

So does that mean if uneemployment turns me down for health reasons that I may be entitled to state disability

no. the unemployment laws have nothing to do with disability eligibility.

1171

After the doctor placed me at MMI I was given a return to work slip with no work restrictions.

I took the return to work slip to my employer and was told by them there was no work available.

I held off for several weeks hoping to find work before I applied for unemployment.

I was approved for unemployment and collected benefits for 8 weeks.

I hired an attorney due to continued problems with the knee and was successful in re-opening my wc claim.

I contacted the unemployment office right away and told them I recently went to a hearing and was awarded TTD.

I could of appealed this action but selected to repay the unemployment benefits.

Similar situation with my husband. Bummer he also re-paid all UE compensation.

most states have laws preventing duplicate payments.

As they should. When I rec'd SSD they only went back a couple of months instead of the 2 years which was long after DOI. My attorney told me he is hearing alot of this because they don't want to pay backpay for years especially when ther eis a WC settlement. Didn't matter to me .. I was just happy to get SSD and know that I will have medicare in a year so I can lose this $510 payment monthly that I have for health insurance.