Legal Question in Workers Comp in California

iF i CAN SHOW A CONSISTENCY OF LUMP SUM WINNINGS FROM GAMING OF 15,000.00 + FROM 9/13-3/14 DOSE THIS COUNT AS SECOND INCOME AND CONSIDERED IN MY WEEKLY BENEFITS FOR A WORKERS COMP CASE 5/30/14 TO PRESENT


Asked on 10/20/15, 10:12 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

You can TRY to claim your 'second job' is as a professional gambler, but if you are not a 'gambler' on your IRS Tax Return you will have great difficulty convincing a judge this is income. The code specified 'earnings' not 'winnings'. Earnings implies earnings for employment. You would have to prove to the WCAB Judge that the $15,000 was earnings from your 'job' and not just winnings from a run of luck.

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Answered on 10/27/15, 12:19 pm


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