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KathyJ
08-15-2006, 05:27 PM
I filed a workman's comp. claim after I injured my arm from repetitious work. I did not miss any work during and after my trip to the doctor for treatment. Prior to this, I was scheduled for a voluntary layoff for a week. Now workman's comp is denying my voluntary leave, stating that they would have to pay me 3 times the amount for benefits. Unemployment compensation states that because it is a layoff for lack of work, it should have nothing to do with the claim I filed. I do not understand why workman's comp would have to pay for my week off, Or why do they feel they would have to pay me 3 times more for being off. Who is forcing them to pay me more benefits that what I would receive through unemployment? I am somewhat confused by all this. Does someone have an answer for me?

ElleMD
08-15-2006, 05:34 PM
I have dealt with a lot of claims and have no idea what you are talking about. WC and UC are mutually exclusive. If you went on voluntary lay off, WC would not pay you as you are not off because of your injury. You may be eligible for UC if it is a lay off. You can not collect both at the same time. I can imagine that UC wants to be sure you aren't collecting TTD before they approve your claim.

rjc
08-16-2006, 11:13 AM
I must echo Elle's confusion. You need to provide mopre detail of your current employment status.

Nevertheless, while these programs are mutually exclusive, the agencies involved often are aware if/when you have applied for both, therefore necessarily ascertain certain information such as if you are collecting, if so how much, and whether or not you are available for work. In some states (and I cannot recall if WI is such a state), WC benefits are not automatic disqualifiers for unemployment. While I am personal unfamiliar with a case wherein a claimant was able to successfully argue he/she is eligible for both, it is not necessarily automatically true.

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