Q: Submitted WC claim in CA for stress in 12/2016 but no response from company once I was laid off. Can I now apply for UE?
A: You can apply for UE however you will be stating that you are able and willing to work therefore being contradicting to your injury claimed. If you are not able to work due to your injury you can apply for state disability while your claim is litigated. Also if you file your claimed and were fired shortly thereafter you may have a wrongful termination claim and other potential claims against employer. I would suggest that you consult with a WC attorney. Good Luck!
A: On www.edd.ca.gov, the question for Unemployment Insurance ask if you are disabled...and if you say 'yes' you are denied Unemployment Insurance. If you answer 'no' and the defense attorney subpenas your Unemployment Application, he can show it to the Psychologist that you swore (under penalty of perjury) that you were not disabled, so your 'stress' injury was not disabling. If you are not going to pursue your stress injury, then go forward with the Unemployment Insurance application. If you are TEMPORARILY DISABLED because of the psychiatric 'stress' injury and cannot work, then a psychologist / psychiatrist should 'certify' you for State Disability Insurance (also at www.edd.ca.gov, but on the State Disability side).
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