Forget Comp - Collect Unemployment (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.

Forget Comp - Collect Unemployment (California)

Postby 50Cal20 on Wed Apr 15, 2020 6:43 pm

I am seeing an interesting trend developing. Certain injured workers receiving TD below $1,000 per week are deliberately obtaining notes from their primary care physician releasing them to return to work. Once released all TD ends. Since there is no job to return to due to COVID-19 pandemic, the worker files for unemployment benefits which pays up to $490 per week plus an extra $600 per week from the Federal Stimulus Package, bringing the total up to $1,090 per week. I think we all can certainly understand why certain injured workers receiving $500 per week TD would rather receive unemployment benefits paid at a greater rate.

However, this situation does have pitfalls. At one union shop a collective bargaining agreement requires laid off workers to be recalled by seniority, from most senior to least. But thanks to the stimulus package they are receiving more money on unemployment than when working. The company is now slowly recalling workers, and per the collective bargaining agreement they are recalling the higher seniority employees first. Look what's happening: Those with the least seniority get to safely shelter in place at home and continue to receive more money than ever before, while those with greater seniority have to go back to work (with greater exposure to the virus than those sheltering at home). They also get to take home less money than those junior employees on unemployment. Also, should a recalled worker reject the recall offer, their unemployment benefits will be in jeopardy as they will have refused employment. This world has sure gone crazy.
50Cal20
 
Posts: 165
Joined: Thu Jul 29, 2010 8:59 am

Re: Forget Comp - Collect Unemployment (California)

Postby jpod on Mon Apr 20, 2020 9:02 am

Oh what a web we weave when we set out to deceive........
jpod
 
Posts: 771
Joined: Fri Mar 06, 2009 1:21 pm


Return to Legal

Who is online

Users browsing this forum: No registered users and 1 guest