›

WC & Voluntary quit

CraigCraig 20 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We had an employee that was on light duty due to an accepted workers comp injury from July '99. She resigned for another job. She subsequently failed the physical for the other position (supposedly) and was not hired. Can she collect comp disability while she is out of work? I know states vary, but has anyone run into this before? Thanks.
Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • tomtom 24 Posts
    PMVote Up0Vote Down
    I assume the WC case is not yet closed. She may be eligible for unemployment insurance possibly as long as she left for a legitimate job and was denied it after she left. Her WC case would still continue, possibly even allow for some compensation in light of "reduced earnings" while collecting UI.

    Share on Facebook Share on Twitter
  • Down_the_MiddleDown_the_Middle 771 Posts
    PMVote Up0Vote Down
    I've had experience with this type of thing in 2 states (MN & LA) and both times the employee was permitted to continue the lost time payments. In 1 case, we hired the person back and in the other, we offered to re-hire, she refused and we d/c'd the lost time payments. WC is unique to every state, so I'd suffest checking with your insur carrier or TPA. They'll have much more experience in this area.
    Share on Facebook Share on Twitter
Sign In or Register to comment.