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Will EDD consider Workers Comp benefits as income to qualify for unemployment benefits?

San Pedro, CA |

I've been on TTD Workers Comp benefits for a little over 2 years. Those payments ended in Jan. They are not paying PPD, and the case has not settled. 2 MSC's and other side has asked for a 3rd Evaluation from same independent doc. Can I now apply for EDD UI and use my base period of workers comp payments as income? They are saying that it's over 12 months not working so my base period shows zero. Obviously it's because I was not working and getting workers comp? What's the way of getting around this?

Attorney Answers 4


Unemployment presumes you are released back to work. You're released back to work?

EDD gets reports from Franchise Tax Board about reported TAXABLE earnings, and bases its 'award' of UI benefits based on TAXABLE earnings reported by an NO, EDD will refuse to recognize your TTD payments as taxable income.

if you are NOT YET released to work and the employer is not providing modified work, what about the other side of EDD, State Disability Insurance??

Sadly, when Gov 'Ahhhhnold' fixed workers compensation, his 'experts' left this loophole where people are not working and have zero income and the insurer has no obligation to pay. and your Assembly and State Senate thought that was just fine.

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Yes. CALL your Attorney about your stream of benefit income, and ask what he recommends. There are a couple answers, but they depend on your particular facts.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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I agree with Mr. Corson. Call your attorney. There are some things you can do to minimize any offset. Your attorney can advise you.

Don't have an attorney? Time to get one. Find a good one here at or at CAAA is the association for attorneys here in CA who represent injured workers.

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Consult a workers' comp. attorney if you don't have one immediately about this issue. There will likely be calculations at issue, so make sure that you have legal help so that you don't try to do this alone. Good luck.

Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]

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