Q: After a year on WC and getting released from my WC doctor, my employer told me there is no work for me. I filed...
Unemployment but no check has been received. Also WC sent me a letter indicating they are taking my employer to court on my behalf for termination of wc benefits. I have received two additional wc checks after my doctor released me. Why would I still get checks? Does it seem that my employer is playing games because I have not received unemployment benefits and the court case? should get a lawyer?
A:
If the carrier has filed a termination, that is to terminate your workers' compensation benefits. That petition would be filed by your employer not against your employer.
In regard to the wage loss checks from workers' compensation, they can't just stop making payments. They have to prove you have fully recovered which is why they filed the Petition to Terminate. If you still have any symptoms or limitations from your work injury, you should seriously consider fighting the Petition to Terminate.
As to the unemployment compensation, believe it or not the unemployment office has experienced massive layoffs, so they are taking longer than expected to process claims. You should be aware that if you receive unemployment, workers' compensation receives a credit for the unemployment. Furthermore, since unemployment is taxed and workers' compensation is tax free, you may end up losing money by claiming them at the same time.
Finally, of course you should talk to a lawyer. You are potentially about to lose thousands in workers' compensation benefits. It would at least be worth a consultation to determine whether or not you should fight the Termination Petition.
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