Q: How do I answer PA unemployment comp question for Worker's Comp if I only received a settlement - NO monthly payments?
I was denied original claim but received settlement after going to court. Hurt in 2013 and settlement received 2014. I am sure UC knows if you received worker's comp but since it was a settlement does this effect your new UC claim?
A: There are two primary issues in this situation. The first issue is in regard to base year for calculating financial entitlement to unemployment compensation. If you had been receiving workers' compensation wage loss benefits before your settlement, you would potentially be entitled to an alternative base year calculated from the date of injury. If you were not receiving wage loss benefits before the settlement, there are some unfortunate cases that indicate you are not eligible to use the alternative base year, so if you have not worked since 2013 it is unlikely that you will meet the financial requirements for UC.
Your second issue is in regard to status of employment. If you signed a resignation as part of the workers' compensation settlement, it is unlikely that you will be entitled to UC benefits even if you meet the financial requirements. The courts have found that a resignation as part of a workers' compensation settlement is not for reason of necessitous and compelling nature, so same would act as a bar to UC benefits.
A: You should definitely talk to your attorney about the paper work you completed at the hearing to approve the Compromise and Release. Very often, a letter of resignation is included by the employer to preclude you from being eligible to receive UC benefits. You may want to review this case and see if it is similar to the facts of your case:
In the noted case, the injured worker was deemed to have waived her rights to UC benefits by signing the resignation letter.
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