Search This Site.

Calif Was on workers comp 1& 1/2 years. Denied unemployment

by Don
(Clovis, Calif)

EDD says I have no wages in the prior year period to qualify because I did not file as soon as I got hurt. Why would I? I expected to go back to work, was on comp, employer never posted anything to file, state never sent me anything. So why would I know to file the first week of my injury. Now they tell me! Would and appeal be successful based on the fact I did have qualifying wages and no reasonable reason to know I was supposed to file? I feel tricked. I can work now, just not my old job.



Hi Don,

Probably not. California has only one base period and that is the first four of the last five completed quarters. This can create a lag period which is why sometimes you'll see people claiming that you need to have been employed at least 18 months before you can be monetarily eligible.
There are a few states where they do have extended base periods which would help someone in your position out .. but CA isn't one of them.

Your question brought up the question about worker comp payments and I know CA has temporary disability unemployment insurance, so it made you look and ..

I found this page in the determination guide which is helpful in explaining it. TPU 460.05


But what I don't know is whether the State of California has any statute or law that would require an employer to give you some kind of pamphlet informing you of your rights. If they do .. I would think that MIGHT by grounds for an appeal.




Click here to post comments

Return to Unemployment Benefits Questions.

} }