Legal Question in Workers Comp in California

Income reporting from a pre-existing part time job

Assume a person is employed full time for a state agency, but also works part-time earning additional income as a consultant. The state employer is aware of, and does not object to, the part time work. That person is then injured while working at the full time job. The person applies for and receives worker's compensation benefits based only on the loss of income from the full time job. The part time work is entirely different from the physical requirements of the full time job and the person is able to continue performing the part time work but not the full time work. Is the person obligated to report the earnings from the continuing part time job and must those part time wages be used to offset the amount of worker's comp benefits the person receives? What if the person's income from the part time job is irregular but increases after the injury?


Asked on 7/14/06, 2:38 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Income reporting from a pre-existing part time job

I believe the carrier will get credit for the part time work when calculating Temporary Disability Payments. More than likely you will be asked to sit through a deposition. At that time you will have no option but to inform the carrier of your part time job, if asked. Therefore, if asked, I suggest you inform the carrier.

In the event that no credit is taken for the part time job, the issue will probably surface again at settlement.

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Answered on 7/18/06, 11:48 am


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