Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?
Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it ? If istsy out of work all will be offset to ost back cause receiving an award ?
A: If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it depends upon what the insurer told the EDD. Medical TREATMENT coverage only pays the treatment bills, and has nothing to do with DISABILITY payments. So if the employer is offering modified duty, accept the modified duty and insist that it pay exctly the same as the pre-injury duty pay. If the modified work pays less than your average weekly pay, you make a demand for TEMPORARY PARTIAL DISABILITY for the imissing wages; you are entitled to 2/3 of the lost wages.
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A: In California, workers' compensation benefits and settlements are generally independent of one another for separate incidents. A settlement from a previous workers' compensation claim, especially one made 9 years ago, would not typically be deducted from a new 2023 workers' compensation claim settlement. However, State Disability Insurance (SDI) and other benefits could potentially be offset against workers' compensation benefits depending on the circumstances, but they are generally not deducted from a settlement.
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