Legal Question in Workers Comp in California

I pay my employer 25% of the cost of my medical and dental insurance offered through the company - i was on workers comp and now that I returned to work they are saying I owe them for the pay periods i missed while out on workers comp - do I have to pay this or is the company supposed to cover this cost while i am on California Workers Comp?


Asked on 9/27/10, 12:05 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

As to any part that was paid as WC benefits you should not have to pay as that would be essentially like a lien and only a few types of liens ae allowed, and that is not one of them. Since they want you to do somethilng that results in an economic loss, the burden should be on them to show you legally have to make the payments. If the employer pays all insurance costs when you are at work, they can not end that plan if you are off on an idustrial injury, so why should they be allowed to do so when they pay 75%?

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Answered on 10/10/10, 4:09 am


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