Indemnity Benefits for Inmate Workers (California)

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Indemnity Benefits for Inmate Workers (California)

Postby majones on Wed Jun 24, 2009 6:52 am

I have a question that is causing quite the discussion here:

FACTS:
Incarcerated inmate worker, earning $ 1.00 per day, sustains injury. Treatment is provided during incarceration. When released, worker is sent to a physician who releases him to work modified duty. Obviously, since he is no longer incarcerated, accommodation of the restrictions is not an option.

Can TTD benefits be denied on the basis that, the county would have been able to accommodate had he still been incarcerated? Would the worker be in the same category as a "seasonal" worker since his limited assignment is only for the duration of his sentence? What other options are there to limit the exposure?

Any assistance and input would be greatly appreciated!

MJ majones

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Re: Indemnity Benefits for Inmate Workers (California)

Postby rosellavera on Wed Jun 24, 2009 9:17 am

Look at California Labor Code Section 3370.

Since the inmate is no longer incarcerated, argue a change in circumstances and file a DR on the issue of TTD.
Has the injured worker made an effort to find "modified work"? If so, put this in your declaration on your DR

LC 3370.........(5) In determining temporary and permanent disability indemnity
benefits for the inmate, the average weekly earnings shall be taken
at not more than the minimum amount set forth in Section 4453.
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