no mod work because business forced to close (California)

This category is meant for discussion of technical legal issues in workers' compensation. If you are an injured worker, do not ask questions here. Go to the Injured Workers' forum.

no mod work because business forced to close (California)

Postby cdixon on Fri Mar 20, 2020 12:54 pm

Applicant is injured at work and claim is accepted. He is on modified duties at the store. The store closes due to the virus - government mandated. All the employees get unemployment (tops out at $400). Does applicant get TTD, which is much higher?

Normally, I would says absolutely he gets TTD, but is this fair to the employer? The corona virus and the government's actions are out of the employer’s control. But for the virus, he would be able to accommodate mod duty. He wants the applicant to apply for unemployment just like all his other employees (I don’t see that happening). He also does not want it to get out to the other employees that they get more money if they file a work comp claim rather than file for unemployment.

Should EDD cover this period perhaps?
Posts: 6
Joined: Fri Mar 20, 2020 12:51 pm

Return to Legal

Who is online

Users browsing this forum: No registered users and 3 guests