QUESTION

Termination when still on workers comp

Asked on Apr 26th, 2013 on Workers Compensation - California
More details to this question:
I was terminated for something I did while on w/c ....Am I in titled to cont. rec'v TDD benefits. My employer said they wouldn't contest un empl, but since I am still physically unable to preform my usual occupation per the doc would I have to apply for SDI benefits , or am I in titled to w/c TDD
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1 ANSWER

Social Security Disability Attorney serving Modesto, CA at Rockwell, Kelly & Duarte LLP
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Obviously, I don't know why you were terminated; you said that you were terminated while on workers' compensation, and I can only presume from the rest of the question that you were off on temporary disability at the time of the termination. My answer is based on that presumption. If you were terminated for good cause, then your temporary disability (TD) benefits should continue unless the employer says that it had modified work for you that were within any work restrictions imposed by your doctor. Since you were fired and you can't do the modified work (if it was offered) due to your own misconduct, temporary disability can stop. If there was no modified work offered or available to you, then TD should continue. See Hardware Mutual Casualty Co. v. WCAB (Hargrove), 32 Cal.Comp.Cases 291 (1967) and Fernandez, 32 Cal.Workers Comp.Reporter 222, 224. If the employer fires you simply because you can't do your job, then TD should continue. You are correct that unemployment benefits aren't available to you because you are unable to perform your usual and customary job. State Disability Benefits should be awarded to you, instead.
Answered on Apr 28th, 2013 at 6:38 PM

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