Legal Question in Workers Comp in California

Vocational Rehab 16K Benefit

Employer doesn't offer modified/alternate job, Ins Co offers Voc Rehab...I have Biz Plan for self-employment,

1) am I supposed to open my Biz even if still under med treatment?

2) first few months of Biz will be loss, would I still get TTD during this time until Biz picks up? Any info will be very much appreciated.


Asked on 11/06/05, 2:02 am

1 Answer from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Vocational Rehab 16K Benefit

Even though you are not earning any money, the carrier may argue that you are self employed and therefore not entitled to Temporary Disability Benefits if you have started a business. Normally, you must be Permanent and Stationary before you receive VR benefits. However, in some instances you can start VR while still TTD.

With respect to VR supporting your business plan, your QRR must draft a plan around your business and have same approved by the carrier. Sometimes applicants try to start businesses that are bound to fail, so you may even need judicial approval for a self employed business being supported by WC benefits.

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Answered on 11/13/05, 11:58 am


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