Eligibility

Cal. UIC § 2629.1

California Statutes

(

a) Nothing in

Section shall be construed to authorize the delay of payment of unemployment compensation disability benefits except where the claimant is currently in receipt of other benefits or where the department has received notice that the claimant’s employer or insurer has agreed to commence the payment of other benefits. (

b) Notwithstanding

Section 2701.5, payments shall commence within days after notice to the employer or insurer under this

section unless the employer or insurer has either paid or has agreed to commence the payment of other benefits. (

c) Upon the filing of a claim for unemployment compensation disability benefits, the department shall make an initial determination as to the claimant’s entitlement to other benefits for purposes of

Section 2629.

(1) The department shall notify the claimant and the claimant’s employer if it determines that the claimant is entitled to other benefits.

(2) The notice to the claimant shall inform the claimant that disability benefits will be paid pending receipt of other benefits if the employer fails to agree to pay these other benefits within days of notification of industrial injury and shall advise the claimant of the provisions of

Section 2629.

(3) The department shall also include with the claimant’s notice a pamphlet to be provided by the Department of Industrial Relations which meets the criteria specified in subdivision (

b) of

Section 139.6 of the Labor Code.

(4) The notice to the employer shall constitute a claim for compensation and knowledge of an injury for purposes of

Section of the Labor Code, and shall inform the employer of its potential liability for interest and penalties under this section. (

d) If the employer or the insurance carrier disputes liability for the payment of other benefits, or the extent thereof, the department’s right to reimbursement shall be subject to the jurisdiction of the Workers’ Compensation Appeals Board in accordance with

Part 4 (commencing with

Section 5300) of Division of the Labor Code. (

e) An employer or insurance carrier who subsequently assumes liability or is determined to be liable for reimbursement to the department for unemployment compensation disability benefits which the department has paid in lieu of other benefits shall be assessed for this liability by the department. In addition, the employer shall pay the department interest on the disability benefits at the annual rate provided in

Section of the Revenue and Taxation Code. The employer shall also pay a penalty of percent of the amount reimbursed to the department if the Workers’ Compensation Appeals Board finds that the failure of the employer to pay other benefits upon notice by the department under this

section was unreasonable and a penalty has not been awarded for the delay under

Section of the Labor Code. All funds received by the department pursuant to this

section shall be deposited in the Disability Fund. (

f) The employer shall reimburse the department in accordance with subdivision (

e) within days of either voluntarily accepting liability for other benefits or after a final award, order, or decision of the Workers’ Compensation Appeals Board.

Document details

CollectionCalifornia Statutes
CitationCal. UIC § 2629.1
Date1993-10-06
Typestatute
Languageen
SourceCA_STAT
IdentifierUIC2629.1.199387795

Eligibility

Cal. UIC § 2629.1

California Statutes

Eligibility

Cal. UIC § 2629.1

California Statutes

(

a) Nothing in

Section shall be construed to authorize the delay of payment of unemployment compensation disability benefits except where the claimant is currently in receipt of other benefits or where the department has received notice that the claimant’s employer or insurer has agreed to commence the payment of other benefits. (

b) Notwithstanding

Section 2701.5, payments shall commence within days after notice to the employer or insurer under this

section unless the employer or insurer has either paid or has agreed to commence the payment of other benefits. (

c) Upon the filing of a claim for unemployment compensation disability benefits, the department shall make an initial determination as to the claimant’s entitlement to other benefits for purposes of

Section 2629.

(1) The department shall notify the claimant and the claimant’s employer if it determines that the claimant is entitled to other benefits.

(2) The notice to the claimant shall inform the claimant that disability benefits will be paid pending receipt of other benefits if the employer fails to agree to pay these other benefits within days of notification of industrial injury and shall advise the claimant of the provisions of

Section 2629.

(3) The department shall also include with the claimant’s notice a pamphlet to be provided by the Department of Industrial Relations which meets the criteria specified in subdivision (

b) of

Section 139.6 of the Labor Code.

(4) The notice to the employer shall constitute a claim for compensation and knowledge of an injury for purposes of

Section of the Labor Code, and shall inform the employer of its potential liability for interest and penalties under this section. (

d) If the employer or the insurance carrier disputes liability for the payment of other benefits, or the extent thereof, the department’s right to reimbursement shall be subject to the jurisdiction of the Workers’ Compensation Appeals Board in accordance with

Part 4 (commencing with

Section 5300) of Division of the Labor Code. (

e) An employer or insurance carrier who subsequently assumes liability or is determined to be liable for reimbursement to the department for unemployment compensation disability benefits which the department has paid in lieu of other benefits shall be assessed for this liability by the department. In addition, the employer shall pay the department interest on the disability benefits at the annual rate provided in

Section of the Revenue and Taxation Code. The employer shall also pay a penalty of percent of the amount reimbursed to the department if the Workers’ Compensation Appeals Board finds that the failure of the employer to pay other benefits upon notice by the department under this

section was unreasonable and a penalty has not been awarded for the delay under

Section of the Labor Code. All funds received by the department pursuant to this

section shall be deposited in the Disability Fund. (

f) The employer shall reimburse the department in accordance with subdivision (

e) within days of either voluntarily accepting liability for other benefits or after a final award, order, or decision of the Workers’ Compensation Appeals Board.

Document details

CollectionCalifornia Statutes
CitationCal. UIC § 2629.1
Date1993-10-06
Typestatute
Languageen
SourceCA_STAT
IdentifierUIC2629.1.199387795